THE    MAGISTRATE'S 
OWN    CASE 


OP  CHIP.  LIM&HY, 


THE 

MAGISTRATE'S 
OWN    CASE 


BY 


BARON    PALLE    ROSENKRANTZ 


NEW   YORK 

THE    McCLURE    COMPANY 
MCMVIII 


Copyright,  1908,  by   The  McClure   Company 

Published,  January,    1908 


CONTENTS 

INTRODUCTION 

PAGE 

A  MURDER  AND  AN  ARREST  i 

FIRST    PART 
THE  INVESTIGATION  45 

SECOND    PART 

THE  TRIAL  177 

CONCLUSION  291 


2132599 


INTRODUCTION 

A  MURDER  AND  AN  ARREST 


CHAPTER    ONE 

THE  Rheingan  is  the  name  of  that  country  of 
vineyards  through  which  the  Rhine  flows 
round  the  bend  at  Bingen,  past  the  Castle 
of  Ehrenfels,  to  the  north.  Here,  at  Rudesheim  and 
Asmannhausen,  the  Rhenish  grape  is  pressed  into 
wine;  and  here  the  people  are  happy  and  good,  for 
the  soil  is  rich  and  their  life  is  easy.  The  bright  river 
flows  on  toward  the  north,  its  ripples  murmuring  of 
old  legends  and  songs.  Down  to  the  water  slope  the 
vine-clad  hills,  which  merge  on  the  north-east  in  the 
range  of  Taunus,  a  lofty,  wooded  mountain  tract, 
which  shields  the  Rhine  valley  between  Mainz  and 
Bingen,  and  the  main  valley  between  Mainz  and 
Hanau,  from  the  cold  north  wind. 

The  Taunus  is  a  beautiful  stretch  of  hills,  not  wild 
or  rugged,  but  friendly  and  peaceful,  with  views 
across  wide  forests  and  over  the  two  silvery  rivers, 
where  they  flow  between  steep  banks  covered  with 
vines.  Just  where  the  Rheingan  ends  and  the  Taunus 
begins,  on  the  southern  slope  lies  the  world-re- 
nowned watering-place,  Wiesbaden.  Further  to  the 
north-east,  on  the  south  side  of  the  Taunus,  lies 
Koningstein,  with  the  ruins  of  the  old  castle  of 

3 


4      THE    MAGISTRATE'S    OWN    CASE 

Falkenstein — like  an  eagle's  nest  on  a  mountain- 
top  south  of  Altkonig  and  Feldberg,  summits  of 
nearly  3,000  feet.  And  here  at  Falkenstein  is 
situated  the  largest  sanatorium  for  consumption  in 
Germany.  From  it  a  road  leads  under  the  wooded 
hillside  past  the  little  town  of  Cronberg  with  its  rail- 
way station  to  the  second  largest  of  the  watering- 
places  of  Taunus — Homburg  vor  der  Hohe. 

Homburg  is  a  small  town  of  about  10,000  inhabi- 
tants; it  was  formerly  the  seat  of  the  Landgraves  of 
Hesse,  now  it  is  a  Prussian  town,  the  centre  of  a 
judicial  district  with  its  own  police.  As  a  business 
town  it  has  been  checked  in  its  growth,  for,  only  about 
ten  miles  to  the  south-west,  on  the  northern  bank  of 
the  Main  and  at  the  edge  of  a  vast  forest,  lies  the 
ancient,  free  Imperial  city,  Frankfort  on  the  Main, 
the  birthplace  of  Goethe  and  of  Gutenberg,  the  cen- 
tre of  mediaeval  Germany,  and  once  the  scene  of 
the  election  of  the  old  Emperors ; — now  another  Prus- 
sian town  with  275,000  inhabitants,  and  capital  of  a 
province. 

Homburg  is  a  sort  of  suburb  of  Frankfort,  and  is 
connected  with  it  by  a  railway  that  crosses  the  little 
river  Nidda  at  the  village  of  Rostelheim,  where  it 
divides  into  two  branches,  one  going  to  Homburg  and 
the  other  to  Cronberg. 

The  railway  communication  between  Frankfort  and 
Homburg  is  regular  and  frequent,  with  trains  all  day 
and  a  good  part  of  the  night,  and  it  is  a  common  thing 
for  the  people  of  Frankfort  to  make  excursions  to  the 


A   MURDER   AND   AN   ARREST        5 

Taunus  and  its  baths,  where  in  summer  a  varied  cos- 
mopolitan life  is  to  be  seen;  for  Homburg  at  present 
can  boast  of  a  contingent  of  visitors  that  approaches 
twelve  thousand. 

But  it  is  not  only  by  rail  that  people  visit  Hom- 
burg: broad,  tree-lined  highroads  lead  to  all  points  of 
the  compass,  and  in  summer-time  motor-cars  rush 
across  the  valley  between  Frankfort  and  Homburg, 
between  Homburg  and  Cronberg  and  up  towards  the 
hill-tops  with  their  ruined  castles,  where  birds  of  prey 
have  built  their  nests. 

Homburg  itself  is  an  old  town, — it  lies  picturesque- 
ly about  the  Landgraves'  castle;  a  genuine  Rhen- 
ish town  with  a  market-place  and  narrow  streets, 
paved  with  cobble-stones,  over  which  cart-wheels  slip 
and  creak  with  a  grating  of  their  breaks,  and  where 
trees  overhang  the  streets  and  meet  across  the  narrow 
lanes.  The  old  town-hall  spreads  its  dignified  length 
in  the  Rathhausgasse,  in  the  northern  quarter,  from 
whence  an  avenue  leads  out  to  the  Saalburg  and  its 
Roman  remains. 

But  the  southern  quarter  is  an  entirely  modern 
town,  before  which -the  older  Homburg  withdraws 
modestly  into  the  background.  Its  centre  is  the  Cur- 
haus,  where  formerly  the  celebrated  German  gam- 
bling tables  were  to  be  found :  a  "  hell  "  where  Eng- 
lish guineas  competed  with  Austrian  florins  and 
French  napoleons,  but  where  now  the  roulette  stands 
still  and  more  innocent  amusements  are  provided  to 


6      THE    MAGISTRATE'S    OWN    CASE 

render  their  stay  in  this  fashionable  watering-place 
pleasant  and  healthful  to  the  visitors. 

A  fashionable  watering-place — that  is  just  what 
Homburg  is,  and  a  tale  of  Homburg,  and  of  a  single 
episode  of  its  cosmopolitan  life  is  best  introduced  in 
the  instructive  and  tempting  style  of  a  hotel-pro- 
spectus, with  the  well-worn  expressions  and  the  tone 
that  calls  up  memories  in  those  who  have  ever  stood 
in  the  veranda  of  a  Curhaus  and  watched  the  varied 
life  of  a  German  spa. 

It  was  in  July,  1898.  The  Homburg  season  was  at 
its  height.  All  the  great  hotels,  starred  in  Baedeker — 
Ritter's  Park  Hotel,  the  Victoria,  the  Augusta — were 
full  to  the  attics,  and  in  the  more  modest  private 
hotels  dwelt  economical  North  Germans  who  ven- 
tured in  the  midst  of  this  wine-growing  country,  to 
drink  beer — in  places  where  Baedeker,  the  national 
authority,  announces :  "  Gutes  Bier  zu  haben."  The 
terrace  and  garden  of  the  Curhaus  were  full  of  life, 
the  military  band  was  playing  and  a  stream  of  visitors 
flowed  idly  along  the  paths  towards  the  beautiful, 
shady  park,  which  stretches  on  the  north  to  Horstwald 
under  the  spurs  of  the  Taunus. 

Homburg  Park  is  the  pride  of  the  town;  the  earlier 
English  visitors  have  transformed  the  German  en- 
closure to  an  English  park  with  broad  carriage-drives 
and  promenades  and  with  dozens  of  tennis-courts, 
where  you  may  see  the  cream  of  English  society,  clad 
in  flannel,  giving  the  lie  to  the  "  spleen  "  which  is  sup- 
posed to  have  brought  it  to  Homburg,  by  the  zeal  and 


A    MURDER   AND   AN   ARREST        7 

persistence  with  which  it  drives  balls  over  nets  to  the 
sharp,  repeated  cries  of  "  Fifteen,  forty;  game  and 
set." 

It  is  a  little  piece  of  British  soil  transferred  to  the 
shelter  of  the  Taunus,  an  English  colony  where  lords 
and  ladies,  together  with  untitled  mortals,  behave  as 
though  they  were  at  home,  with  that  tacit  refusal  to 
recognise  that  they  are  strangers  in  the  land,  which  is 
so  irritating  to  the  native.  The  native,  however,  con- 
soles himself  for  this  "  superciliousness  "  by  charging 
extra  for  everything;  but  the  visitors  pay  without  a 
murmur,  since  they  would  doubtless  be  spending  more 
money  in  their  own  country. 

This  was  in  the  days  when  royalty  paid  yearly  visits 
to  Homburg;  and,  if  Homburg  was  good  enough  for 
royalty,  then  it  was  certainly  tolerable  for  all  who  had 
claims  to  be  "  smart  " — though  no  doubt  one  would 
have  been  more  comfortable  at  home. 

It  was  about  five  o'clock  in  the  afternoon.  A  party 
of  tennis-players  had  just  finished  their  set  on  what 
was  called  the  Prince's  Ground,  close  to  the  cross- 
ways,  in  the  middle  of  the  Park.  A  couple  of  balls 
were  missing,  and  the  native  youths  who  fielded  balls 
for  the  Englishmen  and  received  a  princely  wage  for 
the  slanging  they  did  not  understand,  were  set  to  work 
to  rummage  a  thicket  of  old  rhododendrons,  covered 
with  a  mass  of  deep  red  blossoms. 

The  tennis-players  were  just  leaving  the  ground 
when  one  of  the  boys  came  running  towards  them 
with  every  sign  of  terror  on  his  young  face.  u  My- 


8      THE    MAGISTRATE'S   OWN    CASE 

lord,  mylord — gemordet,  todt — Lord  Faringdon !  " 
he  cried  at  some  yards'  distance,  and  the  astonished 
Englishmen  could  not  make  out  a  word  of  it. 

They  followed  the  boy  and  hastily  broke  a  passage 
into  the  middle  of  the  rhododendron  bush,  where  they 
were  stopped  by  a  sight  that  gripped  even  their  iron 
nerves. 

Before  them  on  the  ground,  with  sightless  eyes,  lay 
their  friend  and  fellow-countryman,  young  Cecil  Lak- 
ing,  seventh  Baron  Faringdon,  owner  of  Rigsby  Ab- 
bey and  other  handsome  properties,  dead. 

"  Dead!  "  ejaculated  little  Sir  Alfred  Weston,  fol- 
lowing up  the  simple  statement  by  a  powerful  oath; 
and  Colonel  Wingfield  of  the  Sixth  Lancers  mechani- 
cally echoed  his  very  words.  Then  they  sent  the  boy 
for  the  police  and  stood  in  silence  by  the  body  of  the 
man  they  had  known. 

Five  o'clock  struck;  the  band  stopped  playing.  The 
news  of  the  murder  spread  like  wildfire  through  the 
Park  and  town;  the  police  arrived,  and  round  the 
rhododendrons  stood  the  pick  of  the  English  visitors 
in  solemn  silence — ladies  among  them,  unable  to  re- 
sist the  sensation  and  its  thrill — awaiting  in  shudder- 
ing suspense  the  moment  when  all  that  was  left  of 
Lord  Faringdon  should  be  borne  past  them  on  a  bier. 

The  police  made  a  cordon  round  the  scene  of  the 
crime,  and  the  senior  functionary  present,  Police-in- 
spector Martin  Schaltz,  made  a  rough  diagram  of  the 
place  and  its  immediate  surroundings. 

The  shrubbery  lay,  as  we  have  said,  in  the  middle 


A    MURDER    AND   AN   ARREST        9 

of  the  Park,  where  two  roads  crossed,  and  only  a  few 
yards  from  one  of  them.  The  body  had  obviously 
been  flung  into  the  bushes,  and  by  its  weight  it  had 
forced  the  branches  down  until  it  had  slipped  beneath 
them,  where  it  lay  overshadowed  and  hidden  from 
view,  in  spite  of  all  the  movement  of  people  in  the 
Park.  TJie  actual  murder  could  not  have  been  com- 
mitted in  the  shrubbery;  the  ground  there  bore  no 
trace  of  footprints  and  only  those  boughs  immediately 
over  the  spot  where  the  body  lay  were  bent  or  broken. 

The  road  was  hard  and  firm,  and  on  the  grass 
around  the  rhododendron  bushes  no  marks  which 
might  indicate  a  struggle  were  to  be  seen.  The  shrub- 
bery stood  quite  by  itself,  surrounded  by  open  lawns, 
and  the  two  roads  which  crossed  each  other  close  by 
were  neither  of  them  bordered  by  bushes.  No  sum- 
mer-house or  arbour  stood  near  the  place,  and  the 
nearest  building  was  a  little  cottage,  some  hundred 
yards  away,  to  which  the  corpse  was  carried  by  direc- 
tion of  the  police. 

This  cottage  stood  empty;  its  inmates,  however, 
had  only  moved  that  same  day;  they  were  an  Italian 
banker  and  his  wife,  who  had  been  spending  a  couple 
of  months  at  Homburg.  The  little  cottage  lay  sur- 
rounded by  thick  shrubs,  and  it  was  scarcely  probable 
that  anyone  in  the  cottage  could  have  seen  what  must 
have  taken  place  in  the  darkness  of  night.  No  other 
house  lay  in  the  immediate  neighbourhood  of  the 
scene  of  the  crime,  and  the  drive  leading  past  it  was 
the  main  road  between  the  Curhaus  and  the  northern 


io     THE    MAGISTRATE'S   OWN    CASE 

gate  of  the  Park,  where  many  villas  and  cottages 
stood. 

Policemen  were  set  to  guard  the  corpse,  and  the  in- 
spector went  at  once  to  his  immediate  superior,  the 
police-president,  to  make  his  report  and  receive  his 
orders.  The  wind  blew  across  the  Park,  and  the 
crowd  dispersed,  while  the  news  flowed  like  a  tide 
over  the  town.  It  was  everywhere  the  same  talk,  the 
same  thought,  the  riddle  whose  solution  was  the  task 
of  the  future:  the  riddle  of  Cecil  Laking,  seventh 
Baron  Faringdon  and  his  sudden  death  in  the  Cur- 
haus  Park  of  Homburg. 

That  was  the  talk  of  hotels,  taverns  and  cafes,  the 
subject  that  set  all  the  telegraphic  machines  clicking 
and  all  the  journalists  of  the  place  writing  till  the  ink 
spluttered  from  their  pens  and  the  copy  was  taken  wet 
to  the  press,  which  was  stopped  in  order  to  be  fed  with 
new  matter,  with  something  that  all  would  read,  that 
all  would  see  and  hear  about. 

With  equal  rapidity,  but  less  publicity,  other 
wheels  were  set  in  motion,  the  whole  of  that  vast  ma- 
chinery that  comes  into  play  when  the  law  has  been 
broken,  and  that  stretches  out  its  tentacles  to  seize  the 
person  or  persons  who  are  to  answer  for  the  dead. 

A  few  minutes  earlier  there  were  very  few  people 
in  Homburg  who  knew  Lord  Faringdon's  name ;  now 
it  was  on  all  lips,  and  he  and  his  fate  were  the  subject 
of  every  word  that  was  spoken  that  afternoon  by  the 
good  people  of  Homburg  vor  der  Hohe. 


CHAPTER   TWO 

FRITZ  STERNER,  Doctor  of  Law,  had  been 
appointed  in  March,  1898,  magistrate  of  the 
district,  with  residence  in  Homburg  vor  der 
Hohe.  Sterner  was  a  Holsteiner;  his  father  had  been 
professor  of  jurisprudence  at  the  University  of  Kiel. 
After  the  Peace  of  1864,  when  Denmark  ceded  Hoi- 
stein  to  Prussia,  he  had  removed  to  Kiel,  with  his  wife 
and  two  children,  of  whom  the  son,  Fritz,  was  born  at 
Marburg  in  1862. 

Fritz  Sterner  became  a  student,  studied  at  Bonn 
and  at  Kiel,  afterwards  at  Berlin,  and  took  his  degrees 
with  honours.  His  practical  training  he  secured  at  the 
criminal  bar  of  Hamburg,  and  after  having  drawn 
attention  to  himself  by  an  excellent  treatise  on  pre- 
liminary inquiry  in  criminal  cases,  he  was  appointed, 
as  we  have  said,  district  magistrate  at  Homburg  vor 
der  Hohe.  His  father  had  died  a  widower  at  the  be- 
ginning of  the  eighties,  and  his  sister  had  married  a 
young  doctor  of  Kiel,  who,  after  having  distinguished 
himself  as  a  specialist  in  diseases  of  the  chest,  ob- 
tained a  responsible  but  well-paid  post  at  the  Dett- 
welTer  Hospital  for  Consumption,  at  Falkenstein  in 
the  Taunus. 


12    THE    MAGISTRATE'S   OWN    CASE 

Fritz  was  unmarried — destined  to  permanent  celi- 
bacy, said  his  sister  jokingly;  betrothed  from  his 
cradle  to  Madame  Justice.  An  old  housekeeper, 
Madame  Schultz,  a  native  of  Holstein,  had  managed 
his  household  for  some  years,  but  on  moving  to  Hom- 
burg  it  so  happened  that  he  had  just  found  the  old 
woman  out  in  a  series  of  wholesale  peculations,  and 
to  his  great  disgust  had  to  make  a  change  of  servants 
for  the  first  time  in  his  life. 

He  was  not  at  all  satisfied  with  the  change.  His 
present  housekeeper  had  been  obtained  for  him  by  his 
sister  from  Cronberg ;  he  was  not  yet  used  to  her  and 
constantly  missed  Madame  Schultz,  he  said.  But 
Madame  Schultz  positively  refused  to  come  south,  he 
continued;  for  he  did  not  want  to  speak  of  his  painful 
discovery. 

What  annoyed  him  most  of  all  was  the  thought 
that  somewhere  or  other  there  was  living  a  woman, 
who,  through  her  own  fault,  had  become  his  enemy, 
whose  enmity  was  perhaps  for  that  very  reason  even 
bitterer  than  if  an  act  of  his  had  caused  it; — a  woman 
who  from  many  years'  association  knew  much  that  he 
wished  forgotten  and  done  with.  But  there  was  no 
helping  it,  and  Sterner  consoled  himself  with  the 
thought  that  he  had  as  few  enemies  as  he  had  friends, 
and  that  the  world  would  continue  to  roll  on  its  course 
without  anyone  ever  troubling  about  matters  that 
concerned  him  personally. 

Sterner  lived  in  an  elegant  little  bachelor  apartment 
in  the  principal  street,  a  few  steps  from  the  Curhaus, 


A    MURDER    AND   AN   ARREST      13 

quite  central  in  summer,  comfortably  sheltered  in 
winter.  He  lived  a  rather  retired  life  among  his 
books,  mixed  with  few  people  and  seldom  visited  the 
Curhaus.  Yet  he  had  no  objection  to  taking  part  in 
the  many-sided  life  of  the  highly  fashionable  water- 
ing-place when  chance  brought  an  old  friend  from 
Hamburg  or  Berlin  to  Homburg. 

On  the  evening  of  the  seventh  of  July,  1898,  the 
post  brought  him  a  letter  from  an  old  friend  of  his, 
Baron  von  Sturm,  a  judge  at  Aurich,  who  with  .his 
young  wife  was  intending  to  pass  a  couple  of  weeks  at 
Homburg.  Sterner  was  not  exactly  glad  to  get  this 
piece  of  news;  he  happened  to  be  in  the  thick  of  a  new 
work  on  evidence  in  criminal  cases  and  he  foresaw 
that  Sturm's  visit  would  take  up  a  good  deal  of  his 
time.  But,  after  all,  it  was  the  sort  of  thing  that  life 
brings  with  it ;  a  man  who  wants  to  make  his  way  in 
the  world  cannot  shut  himself  up  from  his  fellow-men. 
And  Sterner  was  one  of  those  who  want  to  make  their 
way;  he  was  ambitious,  and  he  meant  to  succeed.  He 
had  no  fortune,  and  his  undeniable  ability  was  the 
only  thing  he  had  to  count  upon  for  his  future. 

But  that  was  not  so  very  little.  Fritz  Sterner  was  a 
sparely  built  man  of  middle  height,  with  dark,  very 
keen  eyes,  rather  short-sighted,  so  that  he  wore  gold- 
rimmed  glasses,  tough  and  persevering,  a  keen  gym- 
nast in  his  youth  and  from  his  childhood  an  enthu- 
siastic sailor.  The  sea  was  indeed  the  only  thing  he 
missed  at  Homburg,  but  he  missed  it  badly.  Sturm 
and  he  were  old  yachting  friends;  at  Hamburg  they 


i4    THE    MAGISTRATE'S   OWN    CASE 

had  shared  the  ownership  of  a  splendid  cutter,  the 
Alert.  Now  Sturm  was  the  sole  owner,  and  the  boat 
lay  idle  at  Wilhelmshafen.  Sterner  tried  to  console 
himself  with  motoring,  a  sport  which  he  followed 
with  the  greatest  zeal;  he  claimed  that  it  gave  him 
training  in  promptness  and  presence  of  mind — the 
most  valuable  qualities  an  examining  magistrate  could 
have. 

Fritz  Sterner  had  dined  and  was  enjoying  his  siesta 
before  going  back  to  his  work. 

There  was  a  ring  at  the  bell.  The  housekeeper  came 
in  with  an  extra  edition  of  the  Hamburger  Lokalan- 
zeiger,  the  local  newspaper. 

Sterner  sat  up  in  the  armchair  in  which  he  was  doz- 
ing over  a  cigar  and  stretched  out  a  hand  for  the 
paper:  "Any  news?" 

His  housekeeper  was  very  short  of  breath :  "  A 
terrible  murder  in  the  Park,  sir!  The  rich  English- 
man, Lord  Farlngdon,  has  been  found  murdered  in  a 
bush  behind  the  tennis-grounds !  " 

The  magistrate  gave  a  start;  he  took  the  paper 
from  his  housekeeper  and  read : 

HORRIBLE   MURDER 

A  RICH  ENGLISH  LORD  MURDERED  IN 

THE   PARK 

SUICIDE  IMPOSSIBLE 

CLUE  TO  THE  MURDERER 

THE  POLICE  ACTIVE 


A    MURDER   AND   AN   ARREST      15 

A  crime  of  a  frightful  nature  has  been  committed 
here  to-day,  or  rather  last  night,  in  the  Curhaus  Park. 
The  well-known  and  enormously  wealthy  Englishman, 
Lord  Faringdon,  has  been  found  murdered  in  the 
clump  of  rhododendrons  behind  the  Prince's  tennis- 
ground  by  the  Promenade.  The  discovery  was  made 
by  one  of  the  boys  employed  to  pick  up  balls  on  this 
ground,  who  had  gone  into  the  rhododendrons  to  look 
for  a  lost  ball  belonging  to  the  Duke  of  Essex,  and  his 
horror  may  be  imagined  when  he  came  upon  the  body 
of  Lord  Faringdon,  whom  he  knew  to  be  a  frequent 
partner  of  the  Duke's.  The  body  lay  with  an  incised 
wound  in  the  back,  made  by  a  knife  or  dagger,  strik- 
ing downwards  between  the  shoulder-blades  to  the 
heart.  Death  must  have  been  instantaneous.  A  slight, 
reddish  froth  between  the  clenched  teeth  of  the  dead 
man  and  a  trifling  hemorrhage  from  the  wound  itself 
were  the  only  outward  indications  to  be  noticed.  Lord 
Faringdon  was  dressed  in  evening  dress  and  a  light 
overcoat,  stained  with  blood.  His  pocketbook  was 
found  in  his  breast-pocket,  containing  a  considerable 
sum  in  notes,  and  his  costly  jewelled  watch  and  a 
purse  with  gold  in  it  were  likewise  untouched.  On  ac- 
count of  the  nature  of  the  wound,  suicide  is  out  of  the 
question,  and  motives  of  robbery  are  equally  ex- 
cluded. The  strangest  rumours  are  in  the  air,  but 
in  deference  to  the  prominent  names  that  are 
mentioned,  we  cannot  impart  any  of  these  to  our 
readers. 

The  body  was  found  at  five  o'clock  this  evening. 
Police  Inspector  Martin  Schaltz  arrived  at  once  on 
the  spot  to  make  a  report;  the  boys,  of  course,  knew 
nothing.  There  appears,  nevertheless,  to  be  a  clue, 
which,  it  is  thought,  will  assist  the  police:  a  little 
medallion  was  found  on  the  ground  beside  the  body, 


1 6     THE    MAGISTRATE'S    OWN    CASE 

and  we  are  in  a  position  to  say  that  this  discovery  will 
lead  to  inquiries  and  revelations  which  will  provide 
our  readers  with  more  excitement  than  any  detective 
story  could  offer.  To-day  we  mention  no  names,  but 
our  able  police  reporter  will  to-morrow  be  able  to 
give  certain  information  which  will  arouse  a  great 
sensation. 

The  fete  at  the  Curhaus  this  evening  will  be 
abandoned.  Great  indignation  reigns  among  the  visi- 
tors. The  investigation  will  be  placed  in  the  hands  of 
our  new  police  magistrate,  Dr.  Fritz  Sterner,  who  has 
achieved  great  fame  in  the  scientific  world  by  his  im- 
portant work  on  methods  of  inquiry  in  criminal  cases. 
It  will  now  be  seen  whether  the  old  saying  about 
theory  and  practice  holds  good.  We  wish  all  success 
to  the  energetic  and,  in  spite  of  the  shortness  of  his 
sojourn  among  us,  extremely  popular  young  judge. 


Sterner  read  himself  calm,  put  the  paper  aside  and 
got  up. 

The  housekeeper  stood  behind  him  with  open 
mouth:  "Isn't  it  frightful,  sir!  And  now  you  will 
have  to " 

"  I  shall,"  answered  Sterner  with  a  slight  smile. 

"  But  isn't  it  awful?  "  insisted  the  woman. 

The  magistrate  shrugged  his  shoulders:  "All  in 
the  day's  work,  Madame  Kunze."  l 

The  housekeeper  looked  at  her  master  with 
superstitious  terror,  then  turned  slowly  and  shuf- 
fled off. 

"  Madame  Kunze,"  the  magistrate  called  after 
her;  "  just  one  word  before  you  go.  I  won't  have  any 


A    MURDER    AND   AN   ARREST      17 

gossiping  about  this  with  the  neighbours.  Keep  your 
mouth  shut  and  don't  let  anyone  come  prying  about 
the  house.  Understand?" 

"  Oh,  mercy!  "  Madame  Kunze  trudged  out. 

There  was  a  ring  at  the  door  and  Police  Inspector 
Martin  Schaltz  presented  himself. 

Sterner  nodded. 

Schaltz  halted  and  stood  stiffly  just  inside  the  door; 
the  man  had  a  certain  military  bearing  that  often  irri- 
tated Sterner.  Sterner  thought  of  himself  more  as  a 
man  of  science  than  as  an  official.  His  cases  appeared 
to  him  more  in  the  light  of  scientific  material,  labora- 
tory work,  than  of  executive  administration.  Schaltz's 
stolid  orderly-room  manners  were  not  to  his  taste,  but 
the  fellow  was  useful.  Originally  a  non-commissioned 
officer  from  Brandenburg,  he  had  entered  the  police 
in  Berlin  and  had  distinguished  himself  during  his 
service  at  the  Moabit,  especially  in  pocket-picking 
cases.  As  the  Curhaus  and  gambling-room  at  Hom- 
burg  were  a  favourite  hunting-ground  of  pick-pock- 
ets, he  had  been  sent  there,  and  had  acquired  a 
phenomenal  reputation.  He  had  served  thirty-three 
years,  in  a  quiet,  steady,  military  fashion;  he  had 
now  reached  the  age  of  sixty  and  began  to  talk  about 
retiring.  Sterner  himself  on  his  appointment  had 
asked  him  to  stay  on;  he  was  anxious  to  have 
an  old  and  experienced  assistant  at  his  side.  But 
afterwards  he  had  regretted  it;  Schaltz  was,  as  we 
have  said,  in  spite  of  his  sixty  years,  too  much  of 
the  sergeant,  too  little  of  the  scientific  policeman — 


1 8     THE    MAGISTRATE'S   OWN    CASE 

there  was  too  much  of  the  Prussian  stiffness  about 
him,  though  he  was  absolutely  to  be  depended  upon. 
This  standing  at  attention  was  a  nuisance  to  Sterner; 
he  hated  all  this  clockwork  formality,  saluting  and 
right-about-turn.  He  would  rather  have  had  a 
Rheinlander  or  a  Wiirtemberger.  But  the  man  was 
there  now. 

Schaltz  remained  standing  by  the  door,  heels  to- 
gether, fingers  touching  the  seam  of  the  trousers,  with 
his  white  moustache  sticking  out  like  bristles  over  his 
thin  lips,  and  his  short  gray  hair  brushed  back  from 
his  weather-beaten  forehead. 

Sterner  nodded:  "  Come  in,  Schaltz.  I  know 
about  it  already." 

Schaltz  looked  askance  at  the  paper;  those  con- 
founded pressmen  were  his  mortal  enemies,  he  hated 
journalists  with  all  his  honest,  well-disciplined,  Prus- 
sian policeman's  soul. 

Sterner  smiled:  "This  time,  thank  goodness,  they 
had  to  be  brief.  Of  course  they  don't  know  anything, 
these  scribblers,  do  they?" 

Schaltz  shook  his  head. 

"  Do  you  know  anything,  Schaltz?  " 

"  Not  much,  sir.  The  police  president  asked  me  to 
go  to  you  without  delay.  The  body  has  been  ex- 
amined, and  the  doctor's  report  will  be  presented  to- 
morrow. The  preliminary  examination  can  be  held 
the  first  thing  in  the  morning." 

"  Are  there  any  arrests?  " 

"  No." 


A   MURDER   AND   AN   ARREST      19 

"Do  you  suspect  anybody?" 

"  No." 

"  Whom  have  you  examined?  " 

"  Lord  Faringdon's  valet.  He  doesn't  speak  Ger- 
man, so  I  had  some  use  for  my  English." 

"You  know  English?" 

"  Yes,  sir." 

A  ray  of  self-esteem  spread  over  the  policeman's 
face. 

"  H'm,"  was  all  Sterner  said.  "  Any  more?  " 

"  The  hotel  staff."  Schaltz  was  a  little  disap- 
pointed :  he  could  not  quite  make  out  his  new  superior, 
but  he  never  argued. 

"  Did  they  know  anything?  " 

"  Nothing." 

"  Was  not  Lord  Faringdon  missed  last  night  or 
this  morning?  " 

"  No.  His  valet  believed  he  had  gone  to  the  opera 
in  Frankfort — as  he  sometimes  did — and  had  stayed 
there  for  the  night." 

"  In  evening  dress?  " 

"  He  was  a  young  man,  sir." 

"  At  what  time  did  he  leave  the  hotel  yesterday?  " 

"  Six  o'clock.  He  dined  with  Herr  Saarbriicken, 
the  wine  merchant,  of  Frankfort,  but  left  him  directly 
after  dinner." 

"Where  did  they  dine ?" 

"  At  the  Curhaus.  Lord  Faringdon  took  the  train 
to  Frankfort." 

"And  Saarbriicken?" 


20     THE    MAGISTRATE'S    OWN    CASE 

"  Stayed  at  home." 

"  Have  you  examined  Saarbrucken?  " 

"  Yes,  sir.  He  knows  nothing." 

"  Tell  me,  was  not  Lord  Faringdon  very  intimate 
with  this  Saarbrucken?  What  sort  of  man  is  he?  " 

"  He  is  well  spoken  of.  You  know  him,  sir,  don't 
you?" 

"  Yes,  as  one  knows  everybody  in  a  hole  like  this. 
His  wife  Is  a  pretty  woman?  " 

"Very  pretty;  she  passes  for  the  greatest  beauty 
at  the  Curhaus."  Schaltz  melted  a  little;  the  old  po- 
liceman had  a  weakness  for  pretty  women.  It  must  be 
added  that  this  was  his  only  weakness. 

"  H'm,"  Sterner  pondered.  "  Have  you  examined 
Frau  Saarbrucken?" 

"  No,  sir.  She  only  came  back  to-day  from  Frank- 
fort, where  she  has  been  spending  a  few  days." 

"  Why  didn't  you?" 

"  Herr  Saarbrucken  said  she  was  in  great  distress ; 
she  had  an  attack  of  nerves  on  hearing  of  the  murder 
and  they  had  had  to  put  her  to  bed." 

"  H'm."  Sterner  looked  up.  "  And  this  thing  they 
write  about  in  the  paper?  "  He  took  up  the  paper  and 
ran  through  the  article  on  the  murder.  "  A  medallion. 
Is  it  true  about  that?  " 

4  Yes,  there  was  a  little  medallion  lying  by  the 
body." 

"  Any  inscription?  " 

"  No,  it  was  a  simple  gold  locket  with  a  lock  of 
very  fair  hair  and  an  L  in  gold  on  one  side." 


A    MURDER    AND   AN   ARREST      21 

;' What  is  Frau  Saarbrikken's  Christian  name?" 

"  I  don't  know,  sir." 

'  Then  you  ought  to  know  it,  Schaltz.  Find  out 
for  me  at  once.  You  can  look  it  up  in  the  list  of  visi- 
tors ;  but  do  it  discreetly.  And  then  come  back  here  at 
once." 

Schaltz  turned  to  go. 

"  One  moment,"  said  the  magistrate,  and  Schaltz 
turned  right-about  again. 

"  Was  there  any  house  in  the  neighbourhood  of  the 
place  where  you  found  the  body?  " 

"A  little  cottage,"  said  Schaltz;  "until  to-day  it 
was  inhabited  by  an  Italian  banker  and  his  wife.  But 
they  left  this  morning." 

"  Oho !  "  said  the  magistrate.  "  What  was  the 
man's  name?  " 

"  Delphini,"  answered  Schaltz — and  added:  "  But 
there  is  no  suspicion  against  them.  Their  departure 
was  arranged  a  long  time  ago ;  they  were  quiet,  respec- 
table people,  and  went  about  very  little.  Of  course  I 
obtained  information  about  them  at  once  and  heard 
only  good  of  them.  They  were  man  and  wife,  they 
lived  very  happily  together,  and  as  far  as  I  can  hear 
they  did  not  know  the  deceased.  But  the  deceased  had 
plenty  of  acquaintances,  and  not  all  of  them  of  the 
very  best  sort." 

Sterner  nodded.  Of  course  that  must  be  looked 
into  as  well.  Will  you  send  down  a  man  to  find  out 
who  has  been  serving  at  that  house,  and  see  that  the 
person  concerned  is  summoned  to  attend  the  examina- 


22     THE    MAGISTRATE'S   OWN    CASE 

tion  to-morrow  morning.  You  must  also  be  careful 
that  everybody  is  summoned  to  appear  who  may  know 
anything  about  these  persons  .  .  .  but,  as  I  was  say- 
ing, find  out  for  me  first  of  all  what  Mrs.  Saar- 
briicken's  Christian  name  is.  You  ought  to  have  en- 
quired about  that.  Now  go." 

Schaltz  retired.  He  admitted  that  he  deserved  the 
wigging.  At  the  outset  he  had  not  much  confidence 
in  the  theoretical  Doctor,  but  this  was  a  practical 
matter.  Though,  to  be  sure,  rumour  said  not  a  word 
of  the  handsome  lady  and  the  lord.  His  name  was 
generally  heard  in  connection  with  those  of  an  Italian 
marchioness  and  of  a  singer  at  the  opera  in  Frank- 
fort. 

Schaltz  came  back  with  the  information.  Frau 
Saarbriicken's  name  was  Elizabeth;  and  this  seemed 
to  put  Schaltz  in  a  better  humour. 

Sterner  hummed  to  himself:  "Elizabeth  —  E. 
Elizabeth — Lise — Lieschen — Lizzy.  What  does  her 
husband  call  her?  " 

"  I  don't  know,  sir." 

Sterner  got  up.  "  Look  here,  Schaltz,  when  I  came 
here  you  told  me  you  were  thinking  of  retiring.  You 
have  had  a  long  service  and  have  earned  your  pen- 
sion. I  wished  to  keep  you,  because  you  are  very  capa- 
ble and  well  acquainted  with  things  here.  Your 
colleagues  are  for  the  most  part  blockheads,  as  I  saw 
at  once.  Now,  this  case  is  a  difficult  one,  or  rather, 
it  may  be  difficult.  If  you  stick  to  your  wish  to  retire, 
I'll  write  this  evening  to  the  president  of  the  court  at 


A   MURDER   AND   AN   ARREST      23 

Hamburg  for  a  man,  or  perhaps  rather  to  the  Moabit. 
You  can  do  as  you  like." 

Schaltz  flushed  and  his  voice  trembled  a  little : 

"  Dr.  Sterner,  I  have  not  deserved  this." 

"  Very  well,  then — you  wish  to  stay?  " 

Schaltz  drew  himself  up,  and  now  his  voice  was 
firm  again;  he  answered  briefly,  "  Yes." 

"  Very  well.  Then  you  will  instantly  arrest  Herr 
Saarbriicken,  and  summon  his  wife  to  appear  for  ex- 
amination to-morrow  morning  at  ten  o'clock  at  the 
Town  Hall." 

"Wha-at!" 

"  Didn't  you  hear  what  I  said?  " 

"But,  Dr.  Sterner!" 

"  I  asked  you,  Schaltz,  whether  you  wished  to  serve 
in  this  case.  You  answered  yes.  I  ask  you  nothing 
more.  This  is  an  order.  You  will  go,  accompanied  by 
two  of  your  colleagues,  to  the  hotel,  and  without  at- 
tracting more  attention  than  necessary  you  will  arrest 
on  my  responsibility  the  merchant  Helmuth  Saar- 
briicken. Do  you  understand  ?  " 

'  Yes,  sir."  The  floor  shook  as  Schaltz  struck  his 
heels  together. 

Sterner  frowned.  "  I  have  already  pointed  out  to 
you,  Schaltz,  that  I  am  not  an  officer.  My  work  has 
made  me  a  little  nervous;  this  striking  the  heels  to- 
gether annoys  me.  You  understood  the  order,  didn't 
you?" 

'  Yes,  sir."  The  muscles  of  the  policeman's  legs 
gave  a  quiver. 


24     THE    MAGISTRATE'S   OWN    CASE 

Then  he  went. 

Fritz  Sterner  lit  a  very  strong  cigar  and  threw  him- 
self back  in  his  armchair. 

Dr.  Sterner' s  strong  point  as  a  magistrate  lay  in  his 
habit  of  instant  action:  no  sooner  had  he  formed  a 
resolution  than  he  put  it  in  practice.  Here  was  a  case 
that  had  already  attracted  the  greatest  attention,  and 
that  would  be  a  topic  of  conversation  all  over  Europe 
in  the  immediate  future.  Sterner  knew  very  well  that 
the  man  who  was  now  pointed  out  in  connection  with 
the  case  was  one  whom  perhaps  no  one  else  suspected. 

He  knew  the  Curhaus  Park  well;  he  could  see  in 
his  mind's  eye  the  tennis-ground  and  the  shrubbery  by 
the  cross-roads.  He  knew  that  the  road  running  past 
the  shrubbery  was  a  public  thoroughfare,  the  most 
frequented  in  the  Park.  He  knew,  too,  the  cottage  to 
which  the  body  had  been  carried.  Its  inmates  he  did 
not  know ;  he  had  given  a  start  when  Schaltz  told  him 
that  they  had  left,  and  he  now  made  a  note  of  the 
name  Delphini  on  a  page  of  his  pocket-book. 

Under  ordinary  circumstances  he  would  have  sum- 
moned this  man  to  appear  at  the  examination,  but  he 
hesitated  about  making  use  of  the  telegraph  in  this 
connection.  And  his  thoughts  returned  to  the  first 
clue,  to  the  order  he  had  given  to  Police  Inspector 
Schaltz. 

The  locket  and  the  initial  on  its  case. 

Of  this  matter  Dr.  Sterner  knew  more  than  any 
other  man  in  Homburg.  He  got  up  and  walked  back- 
wards and  forwards  in  his  room. 


A   MURDER    AND   AN   ARREST      25 

There  were  hard  days  coming,  but  the  plan  he  had 
laid  was  going  to  be  carried  through;  and  here  was 
something  more  than  a  mere  scientific  experiment: 
here  human  destinies  were  at  stake. 

The  letter  to  Baron  von  Sturm  was  not  written  that 
evening. 


CHAPTER    THREE 

THE  firm  of  Fiirste  and  Wienecker  of  Frank- 
fort-on-the-Main,  had  changed  hands  in 
1896.  The  old  wine-stores  with  their  great 
vaulted  cellars  on  the  quay  by  the  Main  had  been 
handed  over  in  that  year  to  the  young  Hamburg  mer- 
chant Helmuth  Saarbriicken.  Saarbriicken  was  the 
son  of  an  importer  of  Hamburg,  thirty-six  years  old, 
well  known  in  his  native  town  as  a  prominent  yachts- 
man. He  was  owner  of  the  Cup-defender  Ger mania, 
which  had  competed  at  Cowes  and  wrested  prizes 
from  the  English.  As  a  man  of  business  he  had  less 
of  a  reputation;  his  father,  who  preferred  to  leave 
the  old  established  Hamburg  house  to  an  elder, 
steadier  son,  had  bought  the  wine  business  at  Frank- 
fort in  order  to  get  his  son  Helmuth  away  from  the 
sea  and  from  the  sport  of  yachting,  which  threatened 
to  be  his  financial  ruin. 

Then  came  his  marriage  with  that  lady !  Though 
Heaven  knows  there  was  nothing  against  Fraulein 
Gross,  yet  it  must  be  confessed  that  precious  little  was 
known  about  her  at  all.  She  was  exceedingly  beauti- 
ful, lived  with  her  mother  at  Altona  and  had  spent  a 

couple  of  years  in  England  and  a  year  in -Switzerland. 

26 


A   MURDER    AND   AN   ARREST      27 

Her  father  was  said  to  have  been  captain  of  a  steamer 
that  had  been  lost  in  the  China  seas;  her  mother  was 
supposed  to  have  been  a  governess  somewhere  in  Sus- 
sex or  Kent.  In  short,  everything  about  these  people 
was  "  supposed."  Fraulein  Elizabeth  Gross  lived,  as 
we  have  said,  with  her  mother  in  a  villa  at  Altona  by 
the  path  along  the  bank  of  the  Elbe,  where  the  Ger- 
mania  lay  at  her  moorings ;  and  one  fine  day  Helmuth 
informed  his  father  that  he  was  engaged.  The  old 
man  was  not  overjoyed,  but — it  was  no  use  crying  over 
spilled  milk,  and  there  was  nothing  to  be  made  out  of 
that  son.  Saarbriicken's  children  had  always  been 
spoiled.  So  the  wedding  took  place  at  Hamburg  in 
May,  1896,  with  all  appropriate  pomp,  and  the  young 
couple  went  on  a  tour  in  the  South.  The  Frankfort 
business  was  bought  and  the  firm  of  Fiirste  and  Wie- 
necker  changed  hands. 

To  begin  with,  Helmuth  was  much  In  love;  his 
wife  less  so.  He  was  a  strong,  healthy  fellow,  but  a 
little  too  big,  a  little  too  boisterous,  too  much  of  the 
skipper,  and  with  only  a  small  allowance  of  brains. 
Frau  Saarbriicken — Lizzie  she  was  called,  as  short 
for  Elizabeth — had  far  more  intelligence  than  her 
husband.  She  spoke  good  English  and  French, 
played,  sang  and  painted,  was  lively  and  fond  of  dis- 
play; in  short,  she  had  all  the  qualities  necessary  for  a 
leader  of  society.  But  the  envious  gods  had  denied  her 
one  thing — birth.  And  that  was  a  drag  upon  her; 
her  husband  did  all  he  could  to  advance  her;  his  posi- 
tion was  good,  he  was  looked  upon  as  well  off,  his 


28    THE    MAGISTRATE'S    OWN    CASE 

business  was  flourishing,  and  his  father  undoubtedly 
very  rich. 

In  a  word,  he  had  claims  to  consideration,  and  he 
occupied  a  certain  position,  but  not  in  the  very  best 
society.  For  the  plutocracy  is  just  as  exclusive  as  the 
aristocracy,  and  Saarbriicken  did  not  succeed  in  con- 
quering the  place  in  society  he  could  have  wished  for 
his  wife.  She  herself  did  not  care  so  rfiuch  about  it, 
but  he  wanted  it.  And,  what  he  wanted,  he  meant  to 
have.  In  Homburg  he  was  more  successful.  The  aris- 
tocratic society  of  the  place,  which  was  mainly  Eng- 
lish, was  easy-going  when  out  of  England,  and  the 
Saarbriickens  were  taken  up  in  a  marked  way  by  Lord 
Faringdon. 

Cecil  Laking,  seventh  Baron  Faringdon,  was  a  reg- 
ular visitor  at  Homburg.  His  age  was  twenty-seven ; 
he  was  of  very  fair  complexion,  not  at  all  handsome, 
but  genial  and  pleasant  in  his  manner  and  very  popu- 
lar at  Homburg,  on  account  of  his  wealth  and 
liberality.  He  lived  only  for  yachting,  tennis  and 
motoring,  and  had  never  lived  for  anything  but 
sport.  He  spoke  nothing  but  English,  had  no  idea 
of  anything  under  the  sun,  but  was  a  perfect  gen- 
tleman. He  belonged  to  the  Royal  Yachting  Squad- 
ron; and  that  is  pretty  nearly  all  there  is  to  say 
about  him. 

He  was,  besides,  very  fond  of  the  fair  sex,  to  which 
he  devoted  what  time  he  had  over  from  yachting  and 
other  amusements.  He  had  sailed  matches  with  Saar- 
briicken, while  the  latter  was  a  bachelor,  and  he  made 


A   MURDER    AND   AN   ARREST      29 

violent  love  to  his  wife  after  he  was  married.  Lord 
Faringdon  himself  was  a  bachelor.  He  had  no  near 
relations,  and  a  distant  branch  of  the  Lakings  lived 
at  Roxley  on  dry  bread,  praying  Heaven  that  the 
titled  Cecil  might  one  day  capsize  with  the  Prim- 
rose in  the  Channel  or  run  his  head  against  a  rock 
in  the  Ardennes  in  his  motor-car. 

Meanwhile,  Cecil  laughed — he  would  cheat  them 
yet,  marry  when  the  time  came,  have  many  children 
and  secure  the  succession  to  Rigsby  Abbey.  But  the 
time  had  not  come. 

Lord  Faringdon,  then,  had  been  enormously  rich ; 
now  he  was  murdered,  and  at  Roxley  the  news  of  his 
death  was  received  with  consternation  rather  than 
sorrow. 

At  the  Homburg  Curhaus  the  tidings  of  Lord  Far- 
ingdon's  death  threw  everything  into  confusion.  A 
fete  that  had  been  arranged  in  connection  with  the 
Duke  of  Essex's  visit  was  abandoned,  as  the  news- 
papers had  announced ;  the  visitors  swarmed  about  the 
tables  like  ants  in  a  disturbed  anthill;  and  all  the  peo- 
ple who  lived  in  private  houses  or  at  other  hotels 
streamed  into  the  Curhaus  in  the  greatest  agitation. 
Reporters  arrived  in  shoals  from  Frankfort.  Every- 
thing was  in  a  fever  of  excitement. 

Later  in  the  evening  the  agitation  subsided  a  little. 
Considered  more  closely,  this  would  be  a  good  adver- 
tisement for  the  place,  for  there  was  no  question  of 
robbery;  it  looked  rather  like  a  gallant  adventure. 
The  young  lord  had  the  reputation  of  a  Don  Juan. 


30     THE    MAGISTRATE'S    OWN    CASE 

There  were  all  sorts  of  guessing  and  conjecture,  but 
nothing  was  known. 

Saarbriicken  was  said  to  be  much  upset  by  his 
friend's  sudden  death,  and  his  wife  had  arrived  post- 
haste from  Frankfort. 

For  the  first  year  after  their  marriage  there  had 
been  a  good  deal  of  talk  about  the  Saarbriickens  and 
Lord  Faringdon;  the  intimacy  between  the  young 
wife  and  the  wealthy  Englishman  was  much  com- 
mented upon,  but  afterwards  it  attracted  less  atten- 
tion, and  now  it  was  treated  as  quite  natural. 

When  Schaltz  found  himself  in  the  street  outside 
the  magistrate's  house,  his  head  was  buzzing  like  the 
works  of  a  clock  that  had  got  out  of  order. 

This  was  something  more  than  a  scientific  problem ; 
he  knew  Saarbriicken  well,  had  made  his  acquaintance 
in  connection  with  a  trifling  affair  of  theft,  and  had 
received  a  liberal  gratuity,  which  he  had  accepted,  be- 
cause it  came  from  a  Frankforter.  Schaltz  took  noth- 
ing from  the  Homburgers.  He  knew  Frau  Saar- 
briicken, too;  she  was  gentle  and  beautiful.  And  now, 
at  a  word,  without  a  shadow  of  suspicion,  he  was  to 
arrest  one  of  the  leading  visitors  in  the  place — a  well- 
known  Frankfort  merchant — because  this  greenhorn, 
this  scientific  doctor  of  jurisprudence — at  least,  he 
might  have  told  him  why! 

But  the  locket  with  fair  hair  and  an  L.  To  be  sure, 
the  lady's  name  was  Elizabeth,  which  could  be  short- 
ened to  Lieschen,  or,  in  English,  to  Lizzie ;  but  there 
were  dozens  of  fair-haired  ladies  with  an  L.  to  their 


A    MURDER    AND   AN   ARREST      s1 

name  in  the  world.  There  must  be  something  more 
than  that. 

Schaltz  was  in  the  habit  of  directing  his  superiors 
—as  a  rule  they  were  younger  than  he,  no  doubt,  but 
they  were  men  who  had  confidence  in  him.  This  busi- 
ness was  more  than  he  could  swallow. 

Of  course,  the  alternative  was  resignation,  but 
Schaltz  had  done  good  service;  he  could  retire  with 
honour.  Retire  over  a  blunder,  though !  No,  no,  no ! 

But  it  must  be  a  mistake,  it  must  be  a  gigantic, 
thundering  mistake !  It  was  all  very  well  for  Sterner 
to  take  the  responsibility,  but  he  was  a  new  hand,  new 
to  his  work  and  new  to  the  place. 

The  disgrace  would  fall  on  Schaltz;  if  the  affair 
ended  in  a  scandal,  the  magistrate  would  only  be 
moved  to  another  place,  while  he,  Schaltz,  how  could 
he  venture  to  show  himself  in  the  taverns,  in  the  very 
streets  even,  here  at  Homburg,  where  the  townsmen 
honoured  him  with  a  position  of  trust  in  the  Veterans' 
Club,  and  where  H.R.H.  the  Prince  of  Wales  had 
taken  notice  of  him,  to  say  nothing  of  the  princess, 
great  and  small,  of  the  imperial  house ! 

Schaltz  was  beside  himself  with  despair.  If  only 
^he  had  had  the  least  little  bit  of  information  to  guide 
him;  but  he  had  only  been  given  an  order,  a  con- 
founded, idiotic,  senseless  order,  yet  an  order  that  had 
to  be  obeyed. 

He  hesitated;  should  he  turn  back  and  go  up  to  the 
magistrate  and  ask  him,  with  due  respect,  for  an  ex- 
planation? 


32    THE    MAGISTRATE'S   OWN    CASE 

No,  Schaltz  was  a  soldier;  this  scientific  doctor 
might  despise  the  military  as  much  as  he  chose,  but 
when  it  came  to  the  point,  he  was  none  the  less  a  Prus- 
sian, too.  No. 

At  that  moment  Schaltz  hated  the  slim  man  with 
the  sharp  eyes  behind  his  gold  spectacles ;  but  the  doc- 
tor was  a  smart  man  for  all  that ;  Schaltz  had  seen  that 
in  one  or  two  small  cases.  Quick  as  a  hawk  he  was. 

So,  then,  the  order  had  to  be  obeyed. 

With  a  slow  step  and  a  heavy  heart  Schaltz  went 
round  to  the  police-station  to  pick  up  his  colleagues 
and  get  to  work.  He  was  directly  under  the  orders  of 
the  examining  magistrate,  so  he  had  nothing  to  do 
with  the  police  president;  which  was  a  bad  job,  for 
the  president  was  an  elderly,  stiff-starched  martinet, 
who  did  not  hit  it  off  at  all  with  Sterner. 

There  was  nothing  for  it  but  to  obey. 


CHAPTER    FOUR 

IT  was  about  nine  o'clock  when  Schaltz,  accom- 
panied by  two  plain-clothes  policemen,  presented 
himself  at  the  porter's  lodge  of  the  Curhaus 
Hotel  and  asked  to  speak  to  Herr  Saarbriicken.  The 
hall-porter  was  startled,  but  there  was  murder  in  the 
air,  so,  after  all,  the  visit  was  not  to  be  wondered  at. 
Besides,  he  had  no  idea  of  its  real  object — the  two 
policemen  kept  outside  the  door  of  the  hotel — and  it 
was  quite  possible  that  the  police  should  have  a  good 
many  questions  to  ask  Herr  Saarbriicken,  since  he  was 
the  murdered  man's  best  friend. 

The  porter  betrayed  no  curiosity.  "  It's  lucky 
you  come  just  now,  Herr  Schaltz;  they  have  or- 
dered a  carriage  for  the  10.15.  They're  leaving  this 
evening." 

Schaltz  gave  a  jump:  "Leaving?  Why,  Frau 
Saarbriicken  is  ill !  " 

'The  lady  is  better;  Herr  Saarbriicken  wants  to 
leave  the  hotel,  has  paid  his  bill,  and  leaves,  as  I  told 
you,  by  the  10.15.  But  there's  plenty  of  time  yet  for 
an  interview.  Shall  I  send  up  your  name,  Herr 
Schaltz?" 

Schaltz  thought  for  a  moment.  What  if  the  magis- 

33 


34     THE    MAGISTRATE'S    OWN    CASE 

trate  were  right,  after  all!  Leaving  now!  Paid  his 
bill! 

He  turned  to  the  porter:  "Will  you  ask  Herr 
Saarbriicken  to  be  so  kind  as  to  come  down  here ;  we 
can  go  into  the  office.  I'll  wait  here  meanwhile.  Tell 
him  I  particularly  want  to  speak  to  him  a  moment." 

"  With  pleasure."  The  porter  was  already  half- 
way up  the  stairs.  "v 

Saarbriicken  came  down  at  once.  He  was  dressed 
for  travelling,  and  greeted  the  police  officer  with  a 
friendly  smile.  "  I  am  quite  at  your  service,  Herr 
Schaltz.  What  is  it  you  want?  " 

Schaltz  made  a  slight  bow.  "  The  police  president 
would  like  to  see  you,  sir,  this  evening,  about  this 
affair  of  the  murder  that  we  were  talking  about  this 
afternoon." 

Saarbrucken  looked  annoyed. 
'Won't  some  other  time  do?  I  must  say  this  is 
most  inconvenient.  I'm  leaving  this  evening.  My  wife 
is  not  at  all  well.  We  are  busy  packing."  He  took 
out  his  watch.  "  Our  train  goes  at  10.15.  Besides,  I 
know  nothing  about  it.  It's  really  most  inconvenient." 

Schaltz  shrugged  his  shoulders.  "  The  police  presi- 
dent requested  me  to  ask  you  to  be  so  good  as  to  step 
over;  I  have  to  obey  orders,  you  know,  sir." 

"  Of  course  you  have,  Herr  Schaltz,  but  to  tell  you 
the  truth,  I  don't  feel  at  all  inclined  to  alter  my  ar- 
rangements to  suit  Herr  von  Bitter,  especially  as  he 
has  shown  himself  wanting  in  civility  the  few  times  I 
have  met  him.  On  second  thoughts,  Herr  Schaltz,  I 


A    MURDER   AND   AN   ARREST      35 

say,  No.  If  Herr  von  Bitter  wants  to  see  me,  let  him 
come  here.  One  doesn't  drag  people  out  at  nine 
o'clock  in  the  evening.  Besides,  I  am  only  going  as 
far  as  Frankfort;  my  house  is  well  known,  and  when 
the  court  requires  me  I  shall  appear." 

Schaltz  took  it  very  quietly.  "  That's  not  the  right 
way,  Herr  Saarbriicken.  You  know  it's  the  business 
of  the  police  to  look  after  people's  safety.  In  a  matter 
of  this  sort,  when  it  is  of  the  utmost  importance  that 
everything  should  be  cleared  up,  do  you  think  it's 
right  of  any  citizen,  much  less  so  respected  a  gentle- 
man as  yourself,  Herr  Saarbriicken,  to  put  difficulties 
in  the  way  of  the  police?  " 

Saarbriicken  smiled  good-naturedly.  "  Perhaps  you 
are  right,  Herr  Schaltz.  Be  it  so,  then.  Just  wait  a 
moment  while  I  go  and  tell  my  wife." 

Schaltz  thought  a  moment.  "  Better  not,  Herr 
Saarbriicken." 

Saarbriicken  was  vexed.  "  Look  here,  my  good 
Schaltz,  I  shall  soon  lose  patience;  besides,  I  don't 
intend  to  go  out  without  my  hat." 

Schaltz  turned  to  the  porter:  "  Will  you  go  up  and 
get  Herr  Saarbrucken's  hat?  " 

Saarbriicken  looked  foolish. 

The  porter  ran  upstairs.  Saarbrucken  turned  to 
Schaltz. 

"  One  would  almost  think  you  wanted  to  arrest 
me?" 

Schaltz  gave  a  forced  smile. 

Saarbrucken's  anger  was   rising;  he  took  a  step 


36     THE    MAGISTRATE'S    OWN    CASE 

towards  the  stairs,  then  turned  round  to  the  policeman 
and  said  shortly :  "  Give  my  compliments  to  Herr  von 
Bitter  and  tell  him  that  if  he  wants  to  see  me,  he  can 
call  at  my  address."  He  took  a  couple  of  steps  to  the 
stairs. 

Schaltz  laid  a  hand  on  his  arm  and  said  seriously : 
"  Herr  Saarbriicken,  you  are  a  sensible  man;  you  don't 
want  a  scandal.  You  have  to  come  with  me." 

The  blood  rushed  to  the  young  man's  head,  so  that 
the  veins  stood  out  on  his  forehead.  "  Does  that  mean 
that  you  arrest  me,  Herr  Schaltz?  " 

Schaltz  shrugged  his  shoulders. 

"  Curse  you,  answer  me,  man !  Don't  stand  there 
looking  like  a  fool !  Have  you  been  sent  to  arrest  me, 
or  not?" 

The  police  spirit  was  boiling  within  Schaltz,  but  he 
made  an  effort  and  controlled  himself.  As  ill-luck 
would  have  it,  his  two  companions  came  in  sight  in  the 
doorway  at  the  same  instant,  attracted  by  Saar- 
briicken's  noisy  outburst. 

The  hall-porter  came  down  with  the  hat  and  gave 
it  to  the  wine  merchant  with  a  singularly  startled  look. 
A  few  more  people  had  come  on  the  scene. 

It  was  a  very  uncomfortable  situation.  Schaltz 
whispered:  "  Come  now,  Herr  Saarbriicken."  He 
went  close  up  to  him;  the  two  policemen  misunder- 
stood his  movement  and  came  in  quickly. 

Saarbriicken  stepped  back,  looking  as  if  his  head 
would  burst.  With  a  mighty  tug  he  tore  at  the  banis- 
ters, until  a  great  piece  came  off  in  his  hand. 


A    MURDER   AND    AN   ARREST      37 

"  The  first  man  that  comes  near  me  I'll  knock 
down !  "  His  powerful  voice  rang  through  the  hall. 
The  porter  was  beside  himself  with  confusion.  The 
policemen  sprang  forward,  there  was  a  great  noise 
and  the  piece  of  banister  was  smashed  to  bits  against 
the  steps.  No  one  was  hit.  The  three  men  threw 
themselves  upon  Saarbriicken  like  hounds  attacking  a 
deer.  He  was  extraordinarily  strong,  over  six  feet 
high  and  broad  in  proportion.  He  weighed  at  least 
two  hundred  pounds.  It  was  a  hard  fight,  but  their 
numbers  were  too  many  for  him.  The  handcuffs 
snapped  on  his  wrists  and  he  was  dragged  down  to 
the  carriage  by  the  two  policemen,  while  Schaltz 
stood  at  the  top  of  the  steps,  puffing  like  a  steam- 
engine. 

Saarbriicken  was  completely  beside  himself  with 
rage,  and  it  was  evident  that  he  was  not  responsible 
for  what  he  was  doing;  his  behaviour  was  like  that  of 
a  wild  beast.  But  now  he  was  laid  by  the  heels  and 
the  cab  drove  away  from  the  hotel  at  a  sharp  trot. 

A  great  crowd  had  assembled.  The  excitement  and 
irritation  were  enormous.  Saarbriicken  was  the  most 
popular  man  in  Homburg,  and  the  foreigners  and 
South  Germans  were  loud  in  their  indignation  over 
the  brutality  of  the  police.  People  came  in  from  the 
street,  and  the  porter  had  all  he  could  do  to  keep  them 
back,  while  Schaltz  stood  panting  in  the  middle  of 
the  threatening  mob. 

This  was  a  pretty  beginning — and  now  he  had  to 
follow  it  up  by  troubling  the  wife!  He  resolutely 


38     THE    MAGISTRATE'S   OWN    CASE 

broke  through  the  crowd  and  went  upstairs.  The 
porter  kept  the  people  back.  Schaltz  knew  the  num- 
ber of  the  room;  it  was  66,  on  the  second  floor. 

He  almost  flew  upstairs.  Arrived  at  the  door,  he 
paused  a  second,  and  then  knocked.  A  clear  voice 
answered,  "Come  in!"  He  opened  the  door  and 
entered. 

Frau  Saarbriicken  was  sitting  on  the  sofa,  ready  to 
start,  with  hat  and  cloak  on.  She  was  a  little  pale, 
but  her  face  was  very  calm  and  had  almost  a  de- 
termined look. 

Schaltz  bowed. 

'  You  must  excuse  me,  madame,  but  Dr.  Sterner, 
the  magistrate,  has  ordered  me  to  arrest  Herr  Saar- 
briicken, and  I  have  done  so.  The  magistrate  has  his 
reasons;  I  am  only  a  subordinate  official.  Herr  Saar- 
briicken was  very  angry;  he  is  no  doubt  very  exci- 
table." 

The  lady  nodded  formally,  but  said  nothing. 

'  The  scandal  might  have  been  avoided,  and  it  was 
not  my  fault.  There  was  a  scene;  Herr  Saarbriicken 
has  only  himself  to  thank  for  what  happened.  Dr. 
Sterner  has  also  requested  me  to  ask  you,  madame, 
to  appear  to-morrow  at  ten  o'clock." 

"At  Dr.  Sterner's?  "  She  got  up  promptly. 

"  No,"  said  Schaltz ;  "  at  the  police-station." 

Frau  Saarbriicken  turned  a  shade  paler,  but  not  a 
muscle  of  her  face  moved. 

"  In  other  words,  Mr.  Police — director — or  what- 
ever your  title  may  be,  I  am  to  be  arrested  too?  " 


A    MURDER    AND   AN   ARREST      39 

Schaltz  eagerly  protested. 

"  No,  madame,  that  is  not  our  intention  at  all;  but 
the  magistrate  is  to  hold  an  examination,  and  every- 
one who  may  be  thought  to  know  anything  about 
the  case  is  obliged  by  law  to  appear." 

"  Can't  it  be  avoided?  I  assure  you,  I  am  just  as 
innocent  as  my  husband.  I  haven't  the  least  idea.  I 
am  just  as  much  astonished  about  it  as  anyone  else. 
Lord  Faringdon  was  a  friend  of  ours.  But  I  assure 
you  I  haven't  the  least  idea  of  how  this  crime  was 
committed." 

Schaltz  looked  at  her  narrowly.  Her  fine  oval 
face,  which  before  had  been  pale,  was  now  over- 
spread by  a  faint  blush,  and  her  fair  hair  lay  like  a 
wreath  under  the  coquettish  brown  felt  hat  with  two 
pointed  feathers.  And  from  that  fine  transparent  face 
shone  two  large  blue  eyes,  of  a  strange  grayish  tinge, 
with  a  depth  like  that  of  the  sea. 

Schaltz  felt  exceedingly  uncomfortable. 

The  lady  thought  for  a  moment.  Then  she  made 
a  gesture  of  the  hand.  "  Take  a  seat,  Herr  Commis- 
sary, one  moment.  There  can't  be  any  hurry !  "  She 
smiled  faintly.  "  I'm  a  little  overcome :  first  this  ter- 
rible event,  the  death  of  my  best  friend.  Then  this 
utterly  incomprehensible  arrest  of  my  husband,  and 
now —  Well,  don't  you  think  it  is  too  much  for  a  frail 
woman?  Let  me  talk  to  you." 

It  struck  Schaltz  that  the  description  did  not  suit 
her  very  accurately. 

She  went  on :  "  Besides,  you  will  understand  that 


40     THE    MAGISTRATE'S   OWN    CASE 

the  prospect  of  being  mixed  up  in  an  affair  of  this 
kind  is  anything  but  attractive  for  a  lady  like  my- 
self. I  shall  not  run  away.  A  few  words  to  you  will 
clearly  prove  my  innocence;  I  am  quite  at  a  loss 
to  guess  what*  I  am  accused  of.  I  will  do  what- 
ever you  ask,  but  I  beg  you  to  spare  me  the  police- 
court." 

Schaltz  became  uneasy.  On  the  one  hand,  it  was 
hard  to  trouble  a  lady  at  this  time  of  day — more  than 
hard;  but  then,  on  the  other  hand,  there  was  the  way 
she  took  it ;  and  this  was  indeed  more  than  suspicious. 
She  was  altogether  prepared  for  it ! 

Suppose  Sterner  was  right  after  all?  He  stole  a 
glance  at  her.  Devilish  pretty  she  was! 

"  Madame,"  he  said,  "  I  am  sorry  to  say  it  is  im- 
possible to  grant  your  request.  I  have  my  orders,  and 
I  am  obliged  to  follow  them." 

"  Is  the  magistrate  on  the  telephone,  Herr  Com- 
missary? " 

"  I  beg  your  pardon?  " 

"  I  asked  if  Dr.  Sterner  was  on  the  telephone?  " 

Schaltz  felt  as  if  he  had  fallen  out  of  the  skies: 
here  was  a  witness  who  wanted  to  telephone  to  the 
magistrate  at  nine  o'clock  in  the  evening  to  talk  about 
her  examination!  Well,  why  not?  It  is  an  age  of 
progress :  there  was  the  telephone.  Schaltz  went  up  to 
the  table  where  the  telephone  lay,  and  rang  up  the 
exchange.  He  was  put  in  communication  with 
Sterner. 

"  It  is  Schaltz,  sir." 


A    MURDER   AND   AN   ARREST      41 

Sterner's  voice  showed  much  annoyance :  "  What 
do  you  want?  " 

"  Saarbriicken  is  arrested;  he  resisted  and  unfortu- 
nately it  was  impossible  to  avoid  a  fuss.  He  behaved 
exactly  like  a  madman." 

;'  Then,  of  course,  you  went  about  it  like  a  fool!  " 

Schaltz  gave  a  start.  The  voice  went  on,  bitterly 
sarcastic:  "  Did  you  ring  me  up  at  this  time  of  night 
to  tell  me  that?  " 

"  No,  sir.  Frau  Saarbriicken  has  asked  to  speak  to 
you,  sir." 

No  answer. 

Schaltz  repeated  his  words.   • 

There  was  a  short  pause,  and  then  the  voice  came 
sharp  and  curt: 

"  I  don't  know  the  lady,  and  I'm  not  in  the  habit 
of  talking  to  witnesses  through  the  telephone." 

Schaltz  shook  his  head,  but  Frau  Saarbriicken 
stepped  quickly  forward  and  seized  the  telephone. 

"  I  would  not  for  anything  be  mixed  up  in  this 
affair.  I  shall  have  to  go  over  to  mother." 

Schaltz  stood  a  yard  or  so  behind  her — he  heard 
a  strange  buzzing  in  the  instrument,  but  could  not 
make  out  what  Sterner  said — and  suddenly  the  tele- 
phone was  rung  off. 

"  What  a  boor !  "  thought  Schaltz. 

Frau  Saarbriicken  was  red  as  blood,  but  she  said 
nothing. 

Schaltz  waited  politely  for  a  moment. 

Then  he  said :  "  Well,  madame,  I  have  now  dis- 


42     THE    MAGISTRATE'S   OWN    CASE 

charged  my  errand,  and  I  may  take  it  that  you  will 
appear  to-morrow?  " 

Frau  Saarbriicken  bowed  her  head  in  silence,  and 
Schaltz  took  his  departure.  He  was  a  gallant  man, 
and  he  thought  it  uncommonly  rude  of  the  magistrate 
to  ring  her  off  like  that  without  a  reassuring  word. 
As  to  the  lady  herself,  she  was  very  handsome,  very 
composed,  and,  as  Schaltz  had  to  confess,  not  alto- 
gether free  from  suspicion.  There  was  a  locket  that 
referred  to  her;  well,  that  in  itself  was  not  a  suspi- 
cious circumstance;  but  there  was  something  in  her 
attitude  that  stimulated  his  policeman's  instinct,  and 
it  was  really  possible  that  that  irritating  and  supercil- 
ious magistrate  had  hit  the  right  nail  on  the  head. 

A  nuisance,  too,  that  the  merchant  should  have 
raised  a  scene.  Schaltz  could  actually  feel  that  people 
were  scowling  at  him  as  he  walked  down  the  street. 
It  had  always  been  his  pride  that  he  could  carry  out 
a  duty  of  this  kind  in  a  quiet,  gentlemanly  way.  And 
he  had  done  nothing  but  what  was  right.  What  a  fuss 
the  man  had  made !  That  did  not  look  like  innocence 
—on  the  contrary,  that  was  exactly  how  a  profes- 
sional criminal  would  behave. 

But,  nevertheless,  the  evidence  they  had  against 
him  was  not  much. 

Up  at  the  police-station  Saarbriicken  lay  bathed  in 
sweat  on  a  plank-bed  in  a  drunkard's  cell.  They  had 
sent  for  a  doctor,  and  he  had  given  him  an  injection 
of  morphine. 

The  whole  town  was  in  an  uproar;  Dr.  Sterner's 


A    MURDER    AND    AN    ARREST      43 

name  was  execrated  on  all  sides.  The  newspaper  cor- 
respondents were  furious  with  him,  and  while  the 
short  summer  night  fell  upon  Homburg  vor  der 
Hdhe,  the  news  of  his  deed  flew  on  a  thousand  wires 
over  the  whole  of  Germany,  to  be  set  up  in  type  and 
served  everywhere  with  the  morning  coffee,  under 
the  headlines:  "Horrible  Murder. — Unprecedented 
Brutality  of  the  Police  III" 

So  there  was  added  one  more  sensational  murder 
case  to  all  those  that  had  gone  before :  "  The  Hom- 
burg Park  Murder  "  ;  the  first  name  in  it  was  Lord 
Faringdon's,  but  in  the,  to  all  appearance,  wholly 
fortuitous  linking  together  of  names  that  seemed  to 
have  nothing  to  do  with  one  another,  his  name  was 
soon  thrust  aside  by  others,  and  circumstances  were 
indissolubly  weaved  together  in  the  tissue  of  "  the 
Affair." 

The  first  name  to  be  linked  with  Faringdon's  was 
that  of  the  man  Society  had  called  to  arms  as  his 
avenger.  Dr.  Sterner  came  forward  and  took  his 
place  in  the  chain  of  events.  He  acted,  and  his  action 
added  two  names  to  the  series:  Helmuth  Saar- 
briicken  and  his  young  and  handsome  wife  Lizzie. 

Faringdon — Sterner — Saarbriicken,  those  were  the 
names  before  the  world  in  this  case;  and  those  inti- 
mately acquainted  with  them  mentioned  a  fourth 
name,  that  of  the  advocate  Isidor  Rosenthal,  the  man 
who,  as  Saarbriicken's  legal  adviser,  would  appear  in 
defence  of  the  couple  who  were  thus  threatened  in 


44    THE    MAGISTRATE'S   OWN    CASE 

their  lives  or  security  by  the  avenging  might  of  Jus- 
tice. 

The  case  was  now  in  order;  Lord  Faringdon  was 
dead,  murdered,  but  by  his  corpse  stood  the  magis- 
trate, Fritz  Sterner,  and  he  took  a  grasp  of  the  case 
that  made  it  his, — Dr.  Fritz  Sterner's  case;  and  by 
his  first  act  he  also  made  it  Helmuth  Saarbriicken's 
case  and  that  of  his  wife. 

The  names  were  there,  the  persons  were  there ;  now 
the  great  drama  could  begin  before  the  gaping  multi- 
tude. Every  man  to  his  place! 


FIRST  PART 

THE  INVESTIGATION 


•.•,;    -• 


ON  the  eighth  of  July,  Sterner,  as  examining 
magistrate,  opened  the  inquiry  into  the  case 
against  Lord  Faringdon's  murderer,  or,  as 
this  celebrated  affair  was  at  once  called,  by  a  name  it 
will  always  be  known  by,  the  public  examination  of 
Helmuth  Saarbriicken,  merchant  of  Frankfort,  ac- 
cused of  murder. 

The  indignation  at  Homburg  was  immense ;  crowds 
of  people  swarmed  about  the  streets;  the  town  hall 
was  regularly  besieged,  and  Sterner  had  to  make  use 
of  a  private  door  to  slip  unnoticed  through  the  crowd 
into  the  court. 

Everyone  took  Saarbriicken's  part,  his  release  was 
loudly  demanded.  The  gendarmes  were  ordered  out, 
and  the  police  president,  who  in  his  inmost  heart  was 
on  the  side  of  the  people,  but  who,  of  course,  had  to 
bow  to  the  magistrate's  authority,  had  some  thoughts 
of  requisitioning  a  detachment  of  Bockenheim's  hus- 
sars to  preserve  order. 

Meanwhile,  a  telegram  arrived  for  the  authorities, 
which,  on  account  of  the  growing  excitement,  was  at 
once  made  public  and  changed  with  a  blow  the  mood 
of  the  populace.  It  came  from  London.  Its  sender 

47 


48     THE    MAGISTRATE'S   OWN    CASE 

was  Sir  Longland  Hearne,  the  eminent  solicitor,  and 
its  contents  were  as  follows : 

I  beg  to  inform  you  that  the  sole  heiress  to  the  late  Lord  Faring- 
don's  personal  estate  is  Mrs.  Lizzie  Saarbriicken,  of  Frankfort.  I 
leave  London  10. 1 5  direct  to  Homburg.  LONGLAND  HEARNE< 

Dr.  Fritz  Sterner  instantly  became  famous,  and  so 
violent  was  the  reaction  that  a  storm  of  cheers  was 
raised  for  him  from  the  crowd  outside  the  town  hall ; 
not  a  soul  in  Homburg  doubted  now  that  he  had 
hold  of  the  right  idea,  but  they  could  not  imagine 
how  he  had  seen  so  clearly  from  the  start.  The  crowd 
dispersed  by  degrees  and  there  was  no  need  of  the 
troops. 

By  the  midday  train  Saarbriicken's  lawyer  arrived, 
Herr  Isidor  Rosenthal,  of  Frankfort,  a  young  advo- 
cate of  very  high  standing,  who  practised  in  the  su- 
perior court. 

On  the  initiative  of  the  police  the  case  was  at  once 
handed  over  to  Sterner,  who  was  to  view  the  body 
before  the  prosecution  took  the  matter  in  hand.  Ac- 
cording to  Paragraph  161  of  the  Criminal  Code,  the 
magistrate  could  conduct  only  a  provisional  exami- 
nation, after  which  he  handed  on  the  case  to  the 
prosecution  for  further  investigation.  Now  it  was  the 
aim  of  Saarbriicken's  lawyer  to  get  the  matter  trans- 
ferred as  soon  as  possible  to  the  criminal  court  at 
Frankfort,  where  he  was  a  well-known  man  and 
where  he  hoped  to  be  able  to  assist  his  client  more 
efficiently  than  he  could  with  the  Homburg  magis- 


THE    INVESTIGATION  49 

trate,  who  was  quite  unknown  to  him.  However, 
there  was  a  possibility  that  the  president  of  the  court 
would  entrust  Sterner  with  the  chief  investigation, 
which  followed  the  report  of  the  prosecution  to  the 
court;  and  this  was  the  more  probable  as  Sterner's 
name  was  well  known  as  an  authority  on  criminal 
matters  and  at  the  Ministry  of  Justice  a  high  opinion 
was  held  of  his  capabilities.  Besides  which,  the  letter 
of  the  law  permitted  him  to  be  employed,  and  this 
would  be  a  very  practical  solution,  since  he  resided 
on  the  spot. 

However,  unless  he  himself  wished  it,  his  employ- 
ment in  the  case  was  doubtful ;  and  it  was  Rosenthal's 
object  to  induce  him  to  give  up  the  task.  Rosenthal 
had  no  doubt  of  his  client's  innocence,  though  he 
knew  that  Saarbriicken  was  a  very  hot-tempered  man, 
and — what  at  present  no  one  else  knew — that  he  was 
on  the  brink  of  financial  ruin.  The  secret  of  Lord 
Faringdon's  will  was  also  known  to  Rosenthal.  But 
he  was  not  aware  that  this  was  already  publicly 
known  in  Homburg. 

The  lawyer  found  the  magistrate  in  court,  and 
was  admitted  at  once.  Sterner  treated  him  very  cour- 
teously and  began  by  regretting  that  the  accused  had 
damaged  his  case  by  his  unwarrantable  behaviour  to 
the  police,  which  by  itself  would  be  enough  to  cause 
him  serious  trouble,  even  if  it  did  not  confirm  the 
suspicion  that  rested  on  him  with  regard  to  the 
murder. 

Rosenthal  tried  to  excuse  his  client. 


50    THE    MAGISTRATE'S   OWN    CASE 

Sterner  looked  at  him  significantly,  and  said 
nothing. 

It  was  of  the  first  necessity  to  avoid  offending  the 
magistrate,  and  the  advocate  therefore  asked  very 
politely  what  were  his  reasons  for  taking  such  violent 
measures  against  Saarbriicken. 

Sterner  leaned  back  in  his  raised  chair  and  played 
nonchalantly  with  his  gold  eye-glasses. 

"I'll  tell  you,  Herr  Rosenthal.  Three  things: 
First,  my  personal  knowledge  of  Herr  Saarbriicken, 
which  dates  from  Hamburg  days  and  the  Imperial 
Yacht  Club,  where  Herr  Saarbrucken  did  not  distin- 
guish himself  particularly  in  the  early  nineties.  He 
is  known  as  a  bully." 

"  But  a  good  fellow  at  heart,"  the  advocate  put  in. 

The  magistrate  shrugged  his  shoulders.  "  That's 
a  matter  of  taste.  I  never  cared  for  him." 

"Have  you  ever  had  a  difference  with  him?" 
asked  Rosenthal  cautiously.  That  would  at  least  be 
a  reason  for  withdrawing  the  case  from  Sterner's 
hands. 

Sterner  saw  the  intention,  but  did  not  betray  him- 
self. "  No,"  he  said,  "  nothing  of  that  sort.  But  my 
second  reason  is,  that  his  wife  inherits  all  Lord  Far- 
ingdon's  personalty." 

The  magistrate  gave  him  a  knowing  glance. 
"  Perhaps  that  surprises  you.  On  the  other  hand,  I 
am  surprised  to  hear  that  you  know  it." 

"  I  am  Herr  Saarbrikken's  legal  adviser,"  re- 
marked Rosenthal  apologetically. 


THE    INVESTIGATION  51 

"  Then  perhaps  you  know,  too,  that  he's  a  ruined 
man?  "  Sterner  carelessly  waved  his  eye-glasses. 

The  advocate  turned  crimson. 
'  You  will  probably  admit  that  these  three  circum- 
stances are  in  themselves  pretty  conclusive.  If  you 
will  read  the  reports  that  the  police  have  furnished 
you  will  perceive  that,  to  put  it  mildly,  things  look 
bad  for  Herr  Saarbriicken." 

The  advocate  lost  heart:  "  May  I  see  him?"  he 
asked  in  a  rather  low  tone. 

'  That  is  not  so  easy  at  this  point.  As  you  are 
aware,  the  case  has  not  yet  gone  to  the  prosecuting 
authorities;  it  will  probably  be  laid  before  them  im- 
mediately after  to-day's  examination.  Until  then  I 
think  it  is  best  to  wait." 

Rosenthal  was  silent  for  a  minute.  Then  he  said 
slowly:  "  It  appears  to  me,  on  account  of  the  gravity 
of  the  charge  and  the  peculiar  circumstances  of  the 
accused,  that  it  would  nevertheless  be  the  right  course 
to  allow  him  the  advice  of  counsel  from  the  begin- 
ning; the  more  so,  because  he  seems  to  misunderstand 
his  position  with  regard  to  the  court.  I  am  convinced 
that  he  will  listen  to  me,  in  whom  he  has  full  confi- 
dence ;  this  will  make  matters  considerably  easier  for 
you  to-day,  and  therefore  I  cannot  suppose  you  will 
refuse  to  appoint  me  his  counsel.  The  definite  and 
final  arrangements  can  then  be  left  until  the  case 
comes  before  the  examining  judge  of  the  criminal 
court." 

Sterner   did   not   like   the   advocate.    Like   many 


52    THE    MAGISTRATE'S   OWN    CASE 

magistrates,  he  had  more  confidence  in  himself,  and 
he  determined  to  refuse  Rosenthal's  application  and 
refer  him  to  the  prosecution.  He  smoothed  over  his 
somewhat  unfriendly  refusal  by  allusion  to  his  pecu- 
liar position  as  the  magistrate  of  a  court  before  which, 
by  its  nature,  the  case  would  not  eventually  be  tried. 
It  must  here  be  remarked  that  according  to  Ger- 
man law  a  case  of  murder  comes  before  the  grand 
jury  at  the  assizes,  in  this  instance,  at  Frankfort, 
upon  the  indictment  of  the  public  prosecutor.  At 
present  there  was  only  question  of  a  purely  prelimi- 
nary police  ^examination,  which  oh  account  of  the 
gravity  of  the  case  .was  immediately  put-in  the  hands 
of  the  local  magistrate,  who,  however,  had  no  juris- 
diction in  a  matter  of  this  sort,  but  who,  as  already 

remarked,  might  be  entrusted  with  the  examination 

/ 

by  the  authority  of  the  superior  court. 

Rosenthal  had  to  make  the  best  of  the  refusal,  but 
he  felt  very  disappointed;  an4  as  he  was  a  man  of  in- 
fluence and  of  some  importance  through  his  family 
connections  with  many  of  the  largest  bankers  of 
Frankfort,  accustomed,  in  short,  to  being  accommo- 
dated and  favoured  by  all  the  authorities,  he  prom- 
ised himself  that  the  young  magistrate  should  come 
to  repent  his  disagreeableness. 

In  this  trial — for  a  trial  there  would  be — the  two 
chief  parties,  prosecutor  and  defender,  were  thus 
placed  from  the  first  moment  in  marked  opposition 
to  each  other. 

Sterner  felt  it,  but  he  wished  to  have  a  free  hand 


THE    INVESTIGATION  53 

at  this  stage,  when  it  was  important  to  arrange  the 
case  in  a  groove  from  which  it  could  not  afterwards 
escape. 

He  was  on  excellent  terms  with  the  Ministry  of 
Justice,  and  especially  with  the  president  of  the  court, 
and  was  convinced  that  he  would  be  left  to  get  up  the 
whole  case  for  the  prosecution  independently. 

That  being  so  he  would  have  the  defending  counsel 
in  his  power,  and  according  to  the  law,  would  be  able 
to  forbid  any  communication  between  the  accused  and 
his  counsel,  except  such  as  took  place  in  his  presence. 
He  was  determined  to  use  this  right. 

Rosenthal,  on  his  side,  made  up  his  mind  to 
abandon  any  further  attempt  at  getting  into  commu- 
nication with  his  client,  and  confined  himself  to 
handing  in  a  letter  addressed  to  him,  in  which  he 
offered  his  services  in  accordance  with  the  law. 

After  doing  which  he  returned  to  Frankfort  in 
order  to  use  his  influence  in  the  right  place,  even  giv- 
ing up  the  idea  of  going  to  see  his  client's  wife,  with 
whom  personally  he  was  on  no  very  friendly  footing, 
and  on  whose  confidence  he  did  not  believe  he  could 
reckon. 

The  ante-room  of  the  court  was  filled  with  people 
who  were  going  to  be  examined,  and  Sterner  desired 
to  have  a  large  body  of  evidence  at  his  disposal  before 
he  proceeded  to  the  examination  of  the  two  most 
important  persons,  the  prisoner  and  his  wife. 

Lizzie  Saarbriicken  had  appeared  in  answer  to  the 
summons.  She  sat  quietly  waiting  in  the  crowded 


54    THE    MAGISTRATE'S    OWN    CASE 

ante-room,  while  numbers  of  the  curious  stole  glances 
at  her  and  exchanged  whispers  about  her  and  about 
the  sensational  telegram. 

In  the  court-room  itself  Sterner  was  working  with 
Schaltz  at  the  arrangement  of  the  evidence  that  had 
already  been  gathered.  The  telegram  had  made  a 
great  impression  on  Schaltz ;  he  had  entered  upon  the 
work  with  reluctance ;  it  had  seemed  to  him  that  what 
Sterner  had  done  was  indecorous,  and  that  he  suf- 
fered from  the  attitude  of  the  public.  But  when  the 
telegram  arrived  and  the  magistrate's  course  of  ac- 
tion won  undivided  approval,  Schaltz  rose  again  like 
a  lily  of  the  field  after  a  storm,  and  he  thought  that 
the  honour  of  the  day  somehow  shone  upon  him,  also. 

Work  was  a  thing  Schaltz  could  do,  and  now  he 
was  going  to  set  to,  he  was  going  to  show  his  superior 
that  an  industrious  and  reliable  subordinate  may  be 
of  the  greatest  use  to  his  chief  when  there  was  a  diffi- 
cult problem  to  be  solved. 

But  first  he  must  satisfy  his  curiosity. 

And  therefore  he  inquired  cautiously  in  a  very  re- 
spectful tone:  "  You  won't  take  it  amiss,  sir,  I  hope, 
but  as  I  am  to  do  a  good  deal  of  the  work  for  you  in 
this  case  may  I  venture  to  ask  whether  you  guessed 
this  last  night?  " 

Sterner  looked  up :  "  No,  I  didn't  guess  it." 

Schaltz  was  silent. 

Sterner  smiled  at  him  coolly  and  added:  "  I  say  I 
didn't  guess  it,  Schaltz — because  I  knew  it." 

"Beg  pardon?" 


THE    INVESTIGATION  55 

"  I  knew  it;  if  I  hadn't  known  it,  do  you  think  I 
should  have  had  these  people  arrested?  " 

"  Then  you  knew  the  murdered  man  personally, 
sir?" 

"  No." 

RH|  gf  •. 

"  But  the  Saarbriicken  couple,  sir?  " 

"  Slightly." 

"  But  how  then ?  " 

"  I  know  Sir  Longland  Hearne,  and  I  saw  the  will 
drawn  up  myself." 

Schaltz  was  struck  dumb. 

Sterner  added:  "  It  was  drawn  up  in  May,  1896, 
while  I  was  in  England,  studying  English  law  under ' 
Sir  Longland  Hearne.  As  you  see,  Schaltz,  it  is 
simply  chance,  nothing  more.  I  don't  intend  to  take 
any  credit  for  it;  besides,  it  is  only  one  point  in  the 
case.  You  will  readily  understand  that  I  shall  make 
it  my  starting-point.  Now  let  us  get  to  work." 

They  went  through  the  reports.  With  regard  to 
the  finding  of  the  body,  the  post-mortem,  and  so  on, 
there  was  nothing  fresh  to  note.  That  side  of  the 
matter  was  perfectly  evident.  With  regard  to  Lord 
Faringdon,  no  further  information  had  come  to  hand 
as  yet;  the  Frankfort  police  had  been  informed  by 
telephone  and  were  now  busy  investigating  his  visit 
to  that  town  on  the  evening  in  question. 

The  Saarbriicken  couple  were  to  be  examined,  but 
not  till  later  in  the  day.  First,  all  the  people  who  had 
contributed  to  the  reports,  were  examined. 

It  was  made  clear  that  Lord  Faringdon  had  dined 


56    THE    MAGISTRATE'S    OWN    CASE 

at  the  hotel  with  Saarbriicken  at  six  o'clock  on  the 
evening  before  the  tragedy,  and  that  he  had  left  by 
the  7.15  train  for  Frankfort;  on  the  other  hand,  no 
one  at  the  station  had  seen  him  come  home  again. 
In  all  probability  he  must  have  returned  by  the  train 
at  12. 16. 

Saarbriicken  had  spent  the  evening  with  some  ac- 
quaintances from  Altona  named  Bechmesser,  who 
were  staying  at  the  Hotel  Kaiserin  Friedrich.  They 
had  played  whist,  and  Saarbriicken  had  gone  home 
to  the  Curhaus  Hotel  at  half-past  ten.  There  was  a 
concert  until  eleven  o'clock,  and  he  had  been  seen  at 
the  concert.  Afterwards  he  had  gone  up  to  his  room. 

At  12.30  the  night  porter  had  let  Herr  Saar- 
briicken out.  He  was  wearing  a  light  summer  over- 
coat and  seemed  to  be  in  a  hurry.  This  porter  had 
come  on  duty  at  twelve  o'clock. 

Saarbriicken's  nocturnal  absence  attracted  much  at- 
tention when  the  story  of  the  telegram  became 
known ;  before  that  no  one  would  have  attached  much 
importance  to  it.  The  visitors  to  the  hotel  came  and' 
went  at  all  hours  of  the  night  during  the  height  of 
the  season,  when  there  were  card-parties  and  balls 
daily  at  the  different  hotels  and  at  private  houses. 
Frau  Saarbriicken  had  returned  from  her  visit  to 
Frankfort  the  same  day  as  the  murder  was  discov- 
ered. 

The  more  Schaltz  studied  the  different  reports  and 
statements  that  made  up  the  case  for  the  prosecution, 
the  more  uncertain  he  became.  It  really  seemed  as  if 


THE    INVESTIGATION  57 

the  examining  magistrate  had  got  hold  of  the  right 
end  of  the  stick.  But  it  was  still  doubtful  whether 
both  were  guilty  or  only  one  of  them.  Directly  guilty 
she  could  not  be. 

The  formal  order  for  a  domiciliary  visit  was  now\ 
given,  and  while  Sterner  suspended  the  proceedings 
for  an   hour  and  took  the   opportunity   of   having 
lunch,  Schaltz  proceeded  to  the  rooms  occupied  by 
the  Saarbriickens  to  make  the  search. 

Nothing  of  importance  was  found.  A  few  letters 
and  papers  were  seized  and  a  Corsican  dagger  with 
damaskeened  blade  marked  "  Vendetta  "  was  found 
in  Saarbriicken's  portmanteau.  It  was  bright,  and 
seemed  to  be  used  as  a  paper-knife.  Otherwise  noth- 
ing worth  noticing  was  discovered.  According  to  the 
magistrate's  orders,  the  papers  were  not  gone  through 
by  the  police. 

Sterner  worked  quietly  and  indefatigably,  and  by 
two  o'clock  he  had  already  made  sufficient  progress 
to  enable  him  to  get  a  general  view  of  the  chaos  of 
material  that  was  before  him.  And  this  general  idea 
of  the  case  fell  naturally  into  three  groups : 

First,  everything  that  was  connected  with  the 
scene  of  the  murder,  and  the  discovery  of  the  body; 
and  here  he  was  obliged  to  begin  by  confining  him- 
self to  the  report  drawn  up  by  the  police,  and  to  the 
doctor's  autopsy,  while  of  course  he  intended  later  in 
the  day  to  examine  the  localities  for  himself.  At  pres- 
ent it  was  established  that  Lord  Faringdon,  when  he 
was  discovered,  was  lying  on  his  back,  and  that,  so 


58    THE    MAGISTRATE'S    OWN    CASE 

far  as  could  be  determined,  he  must  either  have  been 
murdered  on  the  road  close  by  the  shrubbery  where 
he  was  found,  or  after  being  murdered  must  have 
been  brought  to  the  place  and  flung  into  the  thick 
bushes. 

Probability  was  In  favour  of  the  first  of  these  hy- 
potheses. It  was  a  rapid  deed  that  had  been  com- 
mitted, a  quick  blow  of  a  dagger — followed  by  a 
hasty  movement  to  get  the  body  temporarily  out  of 
the  way.  The  murderer  had  taken  no  trouble  to  re- 
move the  traces  of  his  crime;  the  place  of  conceal- 
ment was  not  suited  for  that,  and  he  must  have 
thought  that  it  would  not  be  long  before  the  body 
was  discovered.  It  also  appeared,  from  the  discow 
ery,  that  it  had  been  a  deliberate  assassination.  The 
wound  had  been  given  in  the  victim's  back;  this  was 
a  case  of  a  planned  attack,  and  it  was  not  done  with 
robbery  for  an  object,  for  all  the  objects  of  value 
that  the  young  Englishman  had  on  him  (a  gold 
watch,  ready  money  and  jewelry)  were  found  on  the 
corpse.  Connected  with  the  discovery  of  the  body 
was  also  the  locket,  which  had  first  directed  the  mag- 
istrate's thoughts  to  the  Saarbriicken  couple.  It  lay  on 
the  ground  by  the  side  of  the  body,  and  close  to  it, 
but  not  concealed  by  it.  There  was  a  strong  proba- 
bility that  the  person  who  had  placed  the  body  in  the 
shrubbery  had  dropped  the  locket  and  then  in  the 
darkness  had  not  discovered  that  he  had  thus  left  be- 
hind him  a  clue  that,  on  the  discovery  of  the  body, 
would  point  to  him.  The  locket  was  a  little  one  made 


THE    INVESTIGATION  59 

of  thin  gold  and  intended  to  be  worn  on  a  watch- 
chain  ;  the  split  ring  by  which  it  would  hang  had  been 
forced  open,  and  that  was  the  cause  of  its  slipping  off. 

As  regards  the  scene  of  the  murder,  there  was  also 
the  possibility  that  the  persons  who  had  been  living 
in  the  cottage,  which  lay  only  about  a  hundred  paces 
from  the  shrubbery,  would  be  able  to  give  some  in- 
formation of  what  had  occurred.  They  had  left  on 
the  very  day,  and  under  ordinary  circumstances  this 
might  be  suspicious.  The  whole  of  this  side  of  the 
case  must  therefore  be  investigated,  and  the  servant 
of  the  foreigners,  an  Austrian-Italian  maid  of  the 
name  of  Nathalie  Stolzi,  was  waiting  among  the  wit- 
nesses in  the  lobby. 

From  some  words  she  had  let  fall  in  reply  to  the 
police,  the  magistrate  had  made  up  his  mind  to  re- 
serve her  examination  until  such  time  as  there  might 
be  a  possibility  of  connecting  her  evidence  with  the 
arrest  that  had  been  effected. 

The  second  group  of  facts  was  connected  with 
Lord  Faringdon's  person,  and  for  the  moment  they 
offered  no  very  great  body  of  material;  but  it  was 
certain  that  everything  at  present  known  about  the 
murdered  lord  pointed  to  very  intimate  relations  be- 
tween the  deceased  and  the  arrested  merchant  Saar- 
brucken,  and  offered  such  a  chain  of  compromising 
circumstances  against  the  latter  that  the  magistrate 
ran  no  risk  of  not  being  able  to  justify  the  arrest  or 
of  lacking  materials  for  his  examination  of  the 
prisoner. 


6o    THE    MAGISTRATE'S   OWN    CASE 

The  third  group  of  facts  consisted  of  information 
that  had  been  collected  about  the  prisoner  personally, 
and  this  already  was  a  respectable  amount.  The 
weight  of  this  evidence  was  such  as  to  justify  the 
magistrate  in  following  the  course  which  an  examin- 
ing magistrate  can  follow  when  the  material  at  his 
disposal  allows  him,  namely,  to  form  for  himself  a 
complete  picture  of  the  action  which  constitutes  the 
crime,  with  its  motives,  its  planning,  its  final  execu- 
tion, and  then  to  add  facts  piece  by  piece  to  the 
picture  to  give  it  reality.  This  is  called  the  method 
-of  preconceived  opinion,  and  by  this  name  the  danger 
of  the  course  is  explained.  At  the  moment  when  the 
examination  of  Saarbriicken  was  to  begin,  he  stood 
as  the  man  who  was  presumed  to  have  committed  the 
murder,  as  the  man  whose  motives,  plans  and  actions 
were  all  known,  as  the  man  who  had  to  defend  him- 
self against  an  attack. 

Schaltz  took  it  for  granted  that  Sterner  would  pur- 
sue this  course,  which  is  the  usual,  traditional  method 
and  by  its  onesidedness  adds  force  to  the  magistrate's 
examination;  and  however  much  may  be  spoken  or 
written  against  it,  this  method  is  so  rooted,  so  closely 
bound  up  with  the  institution  of  criminal  procedure 
that  it  will  nearly  always  be  the  one  adopted. 

Sterner  himself  was  a  scientific  criminalist — he 
had,  as  it  happened,  made  preliminary  examination 
his  specialty,  and  in  reality,  conservative  as  he  was, 
he  had  adopted  this  method,  developed  it  further  and 
defended  it  at  the  cost  of  all  others. 


THE    INVESTIGATION  61 

Was  it  to  be  wondered  at,  then,  that  he  should  use 
it  here?  Was  it  to  be  wondered  at  if  in  this  man's 
brain  the  picture  of  the  crime,  to  clear  up  which  was 
his  official  duty,  already  stood  clearly  defined  and 
illuminated  by  all  the  information  that  had  been 
gathered? 

Now  there  remained  the  most  important  part  of 
the  day's  work:  the  examination  of  Saarbriicken  and 
his  wife. 


CHAPTER    TWO 

FRAU  SAARBRUCKEN'S  turn  came  first. 
She  had  spent  a  restless  night  and  was  very 
pale. 

As  she  was  brought  into  court,  Sterner  rose  and 
made  her  a  respectful  bow.  She  blushed  deeply.  Be- 
sides the  clerk,  Schaltz  was  present  as  witness;  at  a 
word  from  the  magistrate  a  chair  was  placed  for  the 
lady. 

Sterner  leaned  forward  and  addressed  her  in  a 
very  subdued  tone.  "  Madame,"  he  said,  "  I  must 
first  observe  that  the  step  I  have  taken  was  necessary 
as  much  for  your  own  sake  as  in  the  interests  of  jus- 
tice. I  am  obliged  to  put  to  you  some  questions  in  the 
course  of  my  official  duty,  which  I  beg  you  will  an- 
swer; and,  again  in  my  official  capacity,  I  will  draw 
your  attention  to  your  obligation  under  the  law  to 
tell  the  court  the  whole  truth  and  nothing  but  the 
truth." 

Frau  Saarbriicken  was  quite  confused;  she  bowed 
her  head  in  silence. 

"  Your  name  is  Elisabeth  Saarbrikken.  You  are 
married  to  Helmuth  Saarbriicken,  wine  merchant,  of 

Frankfort-on-the-Main;  at  present  you  and  your  hus- 

62 


THE    INVESTIGATION  63 

band  are  staying  at  the  Curhaus  Hotel  here — is  that 
right?  " 

Frau  Saarbriicken  bowed  again. 

"  You  were  born  on  the  twenty-second  of  April, 
1872,  at  Kiel.  Your  parents  were  Captain  John 
Gross  and  his  wife,  Emilie,  whose  maiden  name  was 
Hansen.  Your  father  is  dead,  your  mother  is  living 
— is  that  right?  " 

The  magistrate  said  all  this  very  quickly  and  with- 
out making  the  prisoner  answer  in  the  usual  way. 
Schaltz  was  startled ;  Sterner  must  have  employed  his 
time  well  since  the  evening  before,  when  he  did  not 
even  know  the  lady's  Christian  name.  Well 

Frau  Saarbriicken  raised  her  head,  and  the  magis- 
trate concluded  hastily :  "  You  have  never  been  con- 
victed or  charged  before?  " 

The  clerk's  pen  scratched  away  over  the  paper. 

Sterner  got  up  and  walked  up  to  the  bar. 
'  You  know  that  Lord  Faringdon  was  murdered 
the  day  before  yesterday — or  rather,  that  he  was 
found  murdered  in  the  Park  yesterday  afternoon?" 

She  bowed  her  head. 
'  You  know  that  you  inherit  his  fortune?  " 

She  raised  her  head  like  a  startled  deer,  quick 
as  lightning,  with  a  look  of  sudden  astonishment. 

"  No,"  she  said. 

Sterner  spoke  solemnly:  "Think  well  and  answer 
frankly  and  truthfully." 

"  As  there  is  an  eternal  justice  over  us  all,  I  know 
nothing  about  it." 


64     THE    MAGISTRATE'S    OWN    CASE 

Schaltz  looked  at  her  closely — that  woman  was 
not  lying ! 

Sterner  bit  his  lip :  "  Then  it  is  so." 

Frau  Saarbriicken  turned  her  eyes  upon  him  like 
a  child  in  distress,  looking  up  at  him  beseechingly. 
He  screwed  up  his  eyes  behind  his  glasses. 

The  examination  proceeded.  It  was  mostly  occu- 
pied with  indifferent  things;  Schaltz  discovered  that 
the  Saarbriickens  were  a  "  semi-detached  "  couple, 
and  it  also  became  clear  that  whatever  might  have 
happened  to  Lord  Faringdon,  this  woman  was  as 
innocent  as  a  child  in  the  matter.  lier  visit  to  Frank- 
fort was  scarcely  referred  to. 

Schaltz  kept  his  eye  on  the  magistrate.  He  spoke 
very  low,  almost  with  deference,  and  dictated  the 
words  to  the  clerk  almost  before  she  had  said 
them. 

"  Only  one  thing  more,"  he  said.  "  When  did  you 
see  the  murdered  lord  for  the  last  time?  " 

"  It  will  be  four  days  ago  to-day." 
'  Was  it  accidentally  that  you   returned  to  the 
hotel  yesterday,   after  having  given  up  your  room 
there?" 

"  No,"  was  the  answer. 

"  Did  you  know,  when  you  came,  that  Lord  Far- 
ingdon had  been  murdered?  " 

"  No — I  came  to  speak  to  him." 

"  Who  told  you  that  he  was  dead?  " 

"  My  husband." 

Sterner  then  addressed  a  series  of  questions  to  the 


THE    INVESTIGATION  65 

witness;  he  asked  her,  when  Saarbriicken  had  told 
her  of  the  murder  of  Lord  Faringdon,  at  what  time 
she  had  tried  to  see  Lord  Faringdon,  what  reason  had 
been  given  for  his  absence,  all  apparently  unimpor- 
tant questions,  which  Frau  Saarbriicken  answered  in 
a  low  voice,  but  without  hesitation. 

Sterner  made  a  pause ;  then  he  went  on,  rather  em- 
barrassed as  it  seemed  to  Schaltz:  "  You  will  not  be 
accused  of  any  complicity  in  this  murder.  There  is 
nothing  to  implicate  you.  I  do  not  hesitate  to  let  you 
know  this  at  the  outset,  to  reassure  you,  if  for  nothing 
else." 

She  raised  her  eyes.  "  I  am  innocent,  and  that  is  / 
enough  for  me." 

"  Of  course,  yes  " — Sterner  stammered — "  I  only 
tell  you  this  because  my  official  position  renders  it 
necessary  for  me  to  inform  you  that  you  are  not  com- 
pelled to  give  evidence  against  your  husband.  In- 
deed, I  am  not  even  justified  in  adding  your  evidence 
to  the  documents  which  will  serve  as  the  basis  of  the 
prosecution.  I  have  now  found  out  enough  to  con- 
vince me  that  the  court  has  no  need  of  your  state- 
ments to  decide  what  action  it  will  take  with  you. 
You  are  free.  On  the  other  hand,  you  are  quite  at 
liberty,  should  you  wish  it,  to  bring  forward  anything 
you  may  know,  which  you  think  will  avert  suspicion 
from  your  husband.  You  were  not  in  Homburg  on 
the  day  when  the  murder  was  committed.  If  you 
know  anything  that  would  be  decisive  in  averting 
suspicion  from  him,  then  I  beg  you  to  speak.  It  is 


66    THE    MAGISTRATE'S    OWN    CASE 

just  as  much  my  duty  to  take  care  that  an  innocent 
man  is  not  brought  into  trouble,  as  it  is  to  find  the 
guilty  person  and  deliver  him  into  the  hands  of 
justice." 

"  My  husband  is  innocent,"  she  said. 

Sterner  shrugged  his  shoulders. 

"  What  I  was  thinking  of  was  some  definite  state- 
ment as  to  what  has  occurred,  and  I  do  not  mean 
only  circumstances  that  refer  to  no  one  but  your  hus- 
band. The  murdered  man  was  your  friend — very 
well,  is  there  anything  within  your  knowledge  which 
might  open  up  new  paths  for  our  investigation?  Did 
you  know  of  any  people  who  were  his  enemies?  You 
must  anyhow  have  talked  with  your  husband  about 
how  this  murder  was  committed.  You  must  at  least 
have  made  some  guesses." 

She  shook  her  head. 

11  Well,"  said  Sterner,  "  in  that  case,  there  is  noth- 
ing  more." 

The  examination  was  concluded.  The  magistrate 
handed  the  lady  her  evidence  to  sign;  Schaltz  could^ 
see  how  her  hand  shook  as  she  wrote  her  name.  Then 
the  magistrate  gave  her  to  understand  in  a  low,  very-) 
kindly — almost  more  than  kindly  tone,  that  she  was 
free. 

She  remained  standing,  irresolute. 

Sterner  made  a .  sign  to  Schaltz  and  the  clerk: 
"  Gentlemen,"  he  said,  "  the  examination  is  ad- 
journed. Out  of  consideration  for  Frau  Saarbriicken 
I  should  like  to  say  a  few  words  to  her  in  private,  to 

c 


THE    INVESTIGATION  67 

alleviate  the  difficult  position  my  official  actions  have 
given  rise  to." 

Schaltz  bowed  and  withdrew  with  the  clerk. 

Sterner  was  left  alone  with  Lizzie  Saarbriicken. 

She  stood  at  the  bar  with  downcast  eyes,  and  a  deep 
blush  spread  over  her  pale  face. 

Sterner  had  risen  from  his  chair  and  had  gone 
forward  to  the  bar;  he  gently  pushed  a  chair  towards 
her  and  himself  sat  down  in  another. 

"  Lizzie,"  he  said  in  a  low  voice — "  after  what 
has  passed  between  us  I  can  only  call  you  by  that 
name — Lizzie,  I  beg  you  to  be  assured  that  I  am 
your  friend — that  now  as  always  I  shall  only  think 
of  what  is  best  for  you,  smooth  the  way  for  you,  re- 
move all  difficulties  from  your  path." 

She  looked  up — but  said  nothing. 

'  You  would  not  make  it  up  with  me.  Your 
mother  has  told  me  that  you  avoided  me;  your  poor 
brother,  who  is  a  prisoner  in  his  sick-bed  at  Falken- 
stein,  has  told  me  that  he  has  begged  you  in  vain  to 
forget  all  that  is  past  and  to  receive  as  a  friend  one 
who  came  to  you  as  a  friend.  But  you  would  not. 

"  It  is  thus,  then,  that  we  were  to  meet.  I  would 
not  talk  to  you  on  the  telephone  yesterday.  Our  meet- 
ing was  to  be,  as  it  has  been.  What  I  could  do  for 
you,  I  have  done;  and  if  I  can  help  it,  this  affair  shall 
trouble  you  no  more.  But  now  we  have  met  and  you 
must  give  me  your  hand." 

Lizzie  mechanically  raised  her  hand,  and  Sterner 
shook  it. 


68     THE    MAGISTRATE'S    OWN    CASE 

He  looked  at  her,  and  saw  a  gleam  as  of  tears  in 
her  eyes. 

"  Lizzie,"  he  said — "  it  has  come  at  last — you  and 
I  have  met  again.  I  am  your  friend,  and  as  your 
friend  I  shall  be  able  to  protect  you." 

She  withdrew  her  hand. 

Sterner  took  it  again,  and  she  listlessly  allowed  it 
to  remain  in  his. 

"  I  know  more  about  you  than  you  think,  Lizzie. 
Lately  you  have  been  more  in  my  thoughts  than  any- 
thing else.  I  know  your  sorrow,  I  know  your 
troubles,  and  I  offer  you  my  help." 

She  whispered: 

"  I  cannot  accept  help  from  you,  Fritz." 

"  Not  now,  not  immediately — I  don't  wish  to  forcVx 
myself  upon  you,  I  have  been  patient;  for  your 
I   have   been  visiting  Falkenstein,   but   I   have  not 
forced  my  society  upon  you.  I  was  never  tactless. 
But  I  will  tell  you  this,  that  what  I  know  about  you 
I  have  not  heard  from  your  mother  or  your  brother, 
whom  you  have  always  spared  the  knowledge  of  your 
troubles.  I  have  heard  it  from  the  man  whose  death 
has  brought  us  together." 

Lizzie  trembled,  and  Sterner  released  her  hand. 

"  Lord  Faringdon  told  me  of  your  wishes  and  of 
what  he  has  done  for  you.  You  might  have  chosen 
a  better  confidant,  but  he  has  acted  as  a  friend.  Now 
he  is  dead,  and  many  circumstances  point  to  your 
band  as  his  murderer." 

Lizzie  rose. 


y\ 


THE    INVESTIGATION  69 

"  He  is  not-    -  " 

The  words  came  with  an  outburst  of  fear  and 
anxiety.  A 

"  It  may  be  my  lot  J:o  convict  him.  I  know,  be- 
sides, a  great  deal  about  hta  behaviour  to  you,  that 
will  not  make  me  feel  more  lenient  towards  him. 
Truth  must  come  to  light,  and  then  woe  to  him !  " 

"  Saarbriicken  is  innocent — he  did  not  murder 
Cecil.  He  did  not,  I  say — he  cannot  have  done  that." 

Sterner  shrugged  his  shoulders.  —  "  Time  will 
show." — His  tone  became  friendly  again,  almost 
affectionate. — "  But  you,  Lizzie,  must  trust  in  me 
from  to-day.  You  will  not  regret  it.  As  to  the 
future,  we  will  not  speak  now,  the  time  is  short,  but 
I  only  beg  of  you — give  me  your  promise — try  me." 

She  looked  up  and  said,  almost  in  a  whisper: 

"  I  cannot — let  me  go — let  me  go  home  and  try  to 
find  peace  there.  You  say  yourself  that  you  are  not 
going  to  send  for  me  here  any  more.  If  that  is  so, 
then  let  me  be  alone.  You  must  not  ask  anything  of 
me,  Fritz." 

Sterner  had  risen. 

"  Then  we  will  say  no  more  about  it  to-day/  But 
I  shall  come  to  see  you,  Lizzie,  at  your  home,  and 
you  must  give  me  your  confidence.  Whether  I  am  to 
prepare  the  case  against  him  or  not,  I  want  to  feel 
sure  at  least  that  I  possess  your  trust,  and  this  time, 
Lizzie,  I  shall  not  fail  you.  I  only  ask  for  your 
friendship." 

She  said  nothing,  but  her  cheeks  were  glowing. 


70    THE    MAGISTRATE'S   OWN    CASE 

She  turned  to  go,  then  stopped  and  said  in  the  same 
low  tone:  "  Fritz,  can  you  give  up  this  case?  " 

Sterner  nodded. 

'  Then  do  so — that  will  be  the  truest  way  of  show- 
ing me  that  your  words  are  honestly  meant." 

"  May  I  come  and  see  you  at  Falkenstein  and  talk 
over  this?" 

'  Yes,  about  this  you  may " 

Sterner  took  her  hand  to  say  good-bye. 

She  went  away  with  bowed  head,  as  in  a  dream. 


CHAPTER    THREE 

SCHALTZ  was  dumfounded.  Evidently  there 
was  something  behind  this.  The  young,  hand- 
some lady  was  blushing  as  if  she  had  come 
from  an  assignation.  These  two  knew  each  other, 
that  was  certain.  He  cudgelled  his  brains  to  find  out 
how.  Kiel,  Kiel — Sterner  came  from  Kiel*;  Frau 
Saarbriicken  was  also  born  at  Kiel.  Were  they  old 
friends,  then?  But  why  had  he  said  nothing  about  it? 
Well,  that  did  not  concern  the  police.  But  the  con- 
versation through  the  telephone!  No,  there  wasn't  a 
shadow  of  doubt  that  these  two  people  were  old  ac- 
quaintances. 

Schaltz  took  a  shrewd  observing  look  at  his  supe- 
rior. "  All  right,  you  think  you  can  play  tricks  with 
an  old  police  hand  like  me !  "  he  thought. 

He  checked  himself  in  these  disrespectful  thoughts, 
and  involuntarily  drew  himself  up,  but  he  swore  a 
genuine  Brandenburg  oath  that  he  would  be  on  the 
lookout.  There  was  going  to  be  some  fun. 

Saarbrucken  was  brought  into  court.  He  had  the 
handcuffs  on;  this  was  due  to  his  behaviour  on  the 
previous  evening. 

Sterner  made  a  slight  bow.  The  accused  stood 

7* 


72    THE    MAGISTRATE'S   OWN    CASE 

stiffly  defiant  at  the  bar.  Sterner  noticed  the  hand- 
cuffs. "  Will  you  immediately  remove  those  hand- 
cuffs, gaoler,"  he  said.  "  In  Prussia  no  subject  is 
brought  up  with  bound  hands." 

The  gaoler  hastily  obeyed. 

Sterner  continued:  "Will  you  bring  forward  a 
chair  for  Herr  Saarbriicken?  Please  sit  down.  Thank 
you,  gaoler;  now  you  can  go." 

The  gaoler  hesitated.  "  I  said  you  could  go;  didn't 
you  hear?  " 

The  gaoler  went. 

Sterner  left  his  seat  and  approached  the  accused, 
who,  in  spite  of  the  invitation  to  be  seated,  still  stood 
at  the  bar,  rather  confused.  He  had  armed  himself 
with  defiance,  expecting  official  arrogance,  and  did 
not  know  what  to  make  of  the  magistrate's  consider- 
ate behaviour. 

Sterner  made  him  another  little  bow. 

"  Herr  Saarbriicken,"  he  said,  "  before  I  begin 
the  examination,  I  wish  to  inform  you  that  your 
legal  adviser  has  applied  to  me  to  be  allowed  to  de- 
fend you.  I  am  very  desirous  that  you  should  have 
confidence  in  me;  I  should  prefer  that,  until  the 
prosecuting  authorities  take  over  the  case,  you  should 
have  an  opportunity  of  speaking  out  quite  frankly  to 
me.  The  laws  of  Germany  forbid  me  to  deal  with 
you  without  witnesses.  I  therefore  confine  myself  to 
saying  that  I  am  aware  of  the  fact  that  besides  being 
your  judge — I  am  a  man  to  whom  you  bear  an  old 
grudge.  I  admit  that  I  once  found  myself  opposed 


THE    INVESTIGATION  73 

to  you  on  a  purely  sporting  question.  The  present 
serious  situation  has  completely  effaced  all  traces  of 
that  trifling  contention.  On  that  you  have  my  word 
as  a  gentleman.  The  German  law  obliges  me  to  direct 
my  attention  quite  as  much  to  what  speaks  in  your 
favour  as  to  what  speaks  against  you.  I  shall  do  my 
duty  as  a  judge  and  as  a  man  of  honour.  I  wanted  to 
tell  you  that  before  opening  the  case." 

Without  waiting  for  an  answer  Sterner  took  his 
seat  in  the  judge's  chair  and  motioned  Saarbriicken 
to  be  seated. 

Schaltz  had  followed  the  scene  with  great  atten- 
tion. So  here  was  an  old  acquaintance !  And  what 
about  the  wife?  He  took  up  his  position,  feeling  like 
the  rightful  occupant  of  a  stall  at  a  sensational  first 
night. 

Saarbriicken  was  completely  disarmed;  he  sat  in 
silence. 

The  examination  began  with  the  customary  ques- 
tions as  to  date  and  place  of  birth,  and  so  on. 

Saarbriicken  answered  in  a  low  but  firm  voice. 

Then  they  came  to  the  point. 
'  Your  arrest  is  due  to  the  fact  that  you  were  about 
to  leave  the  town." 

"  That's  a  lie,"  thought  Schaltz.  "  What  does  he 
mean  by  that?  " 

Saarbriicken  flared  up :  "I  considered  myself  at 
liberty  to  leave  whenever  I  liked." 

Sterner  objected  mildly:  "It  was  injudicious  of 
you,  Herr  Saarbriicken,  after  the  police  had  asked 


74    THE    MAGISTRATE'S    OWN    CASE 

you  to  give  information  and  led  you  to  suppose  that 
you  would  be  called  to  give  evidence  at  the  inquiry. 
You  did  so,  didn't  you,  Schaltz  ?  " 

Schaltz  sprang  to  his  feet:  "Yes,  sir  I" 
The  magistrate's  face  gave  a  nervous  twitch,  and 
Schaltz  sat  down  again,  swearing  to  himself. 

Saarbriicken  shrugged  his  shoulders :  "  I  could  not 
guess  that  anyone  would  take  it  into  his  head  to 
suspect  me." 

Sterner  raised  his  head:  "Perhaps " 

;'  Why  am  I  suspected  in  this  ridiculous  way?  " 
"  Because  certain  circumstances  point  to  you,  Herr 
Saarbriicken.  The  case  is  of  very  great  importance; 
it  is  a  case  that  draws  the  attention  of  the  whole  of 
Europe  to  this  town,  where  people  whose  names  are 
known  all  over  the  world  have  come  for  health  and 
pleasure,  where  foreign  royalty  honours  us  with  its 
presence,  where,  in  short,  the  elite  of  Europe  is  as- 
sembled. We  have  to  treat  it  so  that  no  one  can 
reproach  us." 

Saarbriicken  mumbled:  "  It  is  rather  hard  that  I 
should  have  to  pay  for  all  this." 

*•       J 

The  magistrate  then  took  up  the  little  locket  that  \ 
was  found  on  the  scene  of  the  murder,  and  asked  ! 
sternly:  "  Do  you  know  this?  " 

"  Yes,"  replied  the  accused;  "  It  is  a  locket  with 
my  wife's  initial  and — a — a  souvenir." 

"  It  was  found  on  the  scene  of  the  murder.  Do 
you  admit  that  this  is  a  fact  of  importance?  " 

Saarbriicken   bowed   his   head.   "  Yes — if   anyone 


-fcfr- 


THE    INVESTIGATION  75 

had  asked  me  about  it  yesterday,  I  could  have  ex-  " 
plained  it  all." 

"  Perhaps  you  will  explain  it  now?  " 

"  This  locket  used  to  belong  to  me.  I  wore  it  until 
the  day  before  yesterday,  when  I  lost  it  playing  ten- 
nis, and  one  of  the  boys  brought  it  to  me  during  the 
afternoon." 

"  While  you  were  sitting  smoking  on  the  terrace 
of  the  Curhaus  with  the  murdered  man,  was  it  not?  " 

"  Yes." 

"  You  will  admit  that  this  looks  singular?  The 
boy  brings  you  this  locket  at  six  o'clock  in  the  after- 
noon. Next  day  it  is  found  on  the  scene  of  the  mur- 
der, torn  off  a  chain;  this  link  has  evidently  been 
strained,  so  it  was  torn  off.  Will  you  give  me  an  ex- 
planation of  this,  Herr  Saarbriicken?  " 

Schaltz  sat  with  wide-open  eyes.  He  knew  nothing 
of  all  this;  it  was  clear  that  Dr.  Sterner  was  not  so 
green  after  all.  Deuced  singular  that  this  had  es- 
caped Schaltz. 

The  accused  pulled  himself  together.  "  I  admit 
that  this  appears  to  be  against  me.  I  see  now  that  the 
affair  is  more  complicated  than  I  thought,  but  I  have 
a  clear  conscience  and  I  shall  come  out  of  it  all  right. 
I  did  not  lose  this  locket  on  the  scene  of  the  crime." 

Sterner  was  perfectly  calm ;  his  voice  sounded  very 
friendly :  "  I  only  asked  you  for  an  explanation.  I  am 
willing  to  accept  any  you  offer  me.  I  am  glad  to  hear, 
at  any  rate,  that  you  admit  I  was  justified  in  acting 
as  I  did.  For  you  do  acknowledge  that,  don't  you  ?  " 


76    THE    MAGISTRATE'S   OWN    CASE 

"  Perfectly,"  replied  the  accused. 

"  Very  well.  Then  will  you  explain  to  me  how  this 
locket  came  to  be  where  it  was  found?  " 

"  I  gave  it  the  same  evening  to  Lord  Faringdon." 

"  Gave  Lord  Faringdon  a  locket  with  your  wife's 
initial!"  Sterner  opened  the  locket.  "And  as  far 
as  I  can  see,  a  lock  of  your  wife's  hair!  You  will 
admit  that  this  sounds  very  strange  ?  You  can  scarce- 
ly suppose — or  rather,  does  your  wife  know  of 
this?" 

"No." 

"  H'm  I  "  Sterner  rose  and  came  down  from  his 
seat.  "  I  am  bound  to  tell  you  that  this  is  bad,  very 
bad.  To  be  sure,  it  is  only  circumstantial,  but  very 
important  circumstantial  evidence.  And  so  you  are 
quite  unable  to  explain  it?  " 

"  Quite,"  answered  the  accused  quietly. 

"  Well,  if  that's  so,  I  must  put  it  into  the  evi- 
dence." 

Sterner  dictated  and  the  clerk  took  down  his 
words;  it  struck  Schaltz  that  the  form  of  them  was 
very  favourable  to  the  accused.  Far  from  using  any 
expression  that  might  render  the  circumstance  more 
suspicious  than  it  was  of  itself,  the  magistrate  showed 
every  desire  to  give  the  prisoner  fair  play. 

Saarbriicken  formally  acknowledged  the  correct- 
ness of  the  report. 

Sterner  resumed  his  seat  and  continued:  "You 
came  back  to  the  hotel  the  evening  before  last  before 
eleven?  "  He  read  the  report  and  looked  inquiringly 


THE    INVESTIGATION  77 

at  the  accused.  "  Is  this  correct,  then — you  were  out 
between  12.20  and  1.30?  Where  were  you?  " 

Saarbriicken  turned  red  as  fire. 

"  I  must  ask  you  for  an  answer.  Where  were 
you?" 

Saarbriicken  rose.  "  I  see  that  circumstances  have 
conspired  against  me;  I  am  accustomed  to  take  life 
as  it  comes,  and  you  know  I  am  not  afraid.  I  have 
my  faults,  but  I  never  tell  a  lie — I  don't  remember 
ever  to  have  told  a  lie.  Let  it  end  as  it  may.  As  far 
as  I  can  see,  this  is  only  a  preliminary  inquiry.  Cir- 
cumstances are  against  me." 

Sterner  interrupted  him:  'Won't  you  tell  me 
where  you  were?  I  must  expressly  draw  your  atten- 
tion to  the  fact  that  by  proving  an  alibi  you  will  be 
able  to  clear  yourself.  I  understand  that  you  think 
you  ought  to  spare  another  party — or  do  I  misunder- 
stand you?  " 

"  I  cannot  speak.  I  accept  the  situation  as  it  is;  it 
is  stronger  than  I.  All  I  ask  to  know  is,  what  will 
happen  if  I  hold  to  my  refusal?  " 

"  Will  you  acknowledge  your  guilt  in  the  murder 
of  Lord  Faringdon?  " 

"  No.   I  am  innocent; 

"  Well,  then,  I  must  observe  that  on  one  point  you 
are  committing  a  grave  error.  By  refusing  to  answer 
my  question  you  expose  yourself  to  an  immediate 
prosecution  for  murder.  It  is  all  very  well  for  you 
to  say  that  you  take  the  consequences  and  that  it  is 
your  affair.  But  your  attitude  has  another  result,  and 


78     THE    MAGISTRATE'S    OWN    CASE 

that  is,  that  after  what  has  passed  the  case  will  be 
directed  against  you  alone.  If  you  are  innocent  you 
will  certainly  abandon  your  attitude.  If,  for  instance, 
it  is  a  question  of  a  lady,  whose  good  name  you  con- 
sider yourself  bound  to  shield — that  is  a  possibility — 
then  neither  you  nor  she  will  be  silent  in  the  long  run. 
You  see,  you  run  the  risk  of  being  condemned  on 
this.  And  then,  when  you  speak  out,  perhaps  it  will 
be  too  late ;  the  traces  of  the  crime  will  be  wiped  out. 
The  authorities  will  be  led  away  from  the  right  scent 
to  a  false  one;  the  case  will  come  to  nothing.  You 
will  understand  that  you  are  not  master  of  what  you^ 
will  say  and  what  you  will  not.  It  is  your  duty  to  y 
speak." 

Saarbriicken  clenched  his  teeth  and  said  nothing. 

Sterner  pursued  in  the  same  steady,   quiet  tone:* 
"  Besides  which,  no  one  will  hear  of  your  explana^ 
tion.  These  gentlemen  are  on  their  oath;  if  your  alibi* 
can  be  proved,  the  case  against  you  will  be  dropped-;, 
and  the  proof  of  your  declarations  shall  be  made  with 
all    possible    discretion.    Therefore    I    beg    you    to; 
speak." 

"  I  cannot  prove  my  alibi.  Who  can  prove  an  alibi  ' 
completely?  I  passed  through  the  Park  twice — that/ 
is  enough.  I  know  as  little  as  anyone  when  the  mur- 
der took  place.  Who  knows  that  I  may  not  have 
passed  the  spot  while  the  murder  was  being  com- 
mitted, and  then  of  what  use  is  my  alibi?  No,  I  can't, 
say  where  I  was." 

"  But  you  were  in  the  Park?  " 


THE    INVESTIGATION  79 

"  Yes." 

Sterner  dictated  what  had  passed  to  the  clerk. 
When  it  had  been  read  over  he  added: 

"  Well,  Herr  Saarbriicken,  after  this  you  will 
scarcely  be  surprised  if  you  are  charged  with  the  mur- 
der. Can  you  say  anything  to  invalidate  in  some 
other  way  the  presumption  raised  by  this  examina- 
tion? Have  you  any  idea  who  committed  the  mur- 
der?" 

"  No,  the  whole  thing  is  inexplicable  to  me." 

"  You  have  nothing  to  add?  " 

"  No." 

'  Very  well.  I  have  only  one  or  two  more  ques- 
tions to  put  to  you.  What  is  your  financial  position  ?  " 

"  I  am  insolvent." 

"  Insolvent !  And  you  carry  on  a  large  business — 
you  stay  here  and  spend  a  lot  of  money?  " 

"  I  have  only  to  be  kept  in  custody  two  days,  and 
my  creditors  will  apply  for  a  receiver  to  be  ap- 
pointed." 

"  Did  you  foresee  this?  " 

"  No;  if  I  had  been  at  liberty  I  should  easily  have 
been  able  to  ride  out  the  storm,  but  now  it  is  all  over. 
It  is  no  use  blinking  the  fact.  The  step  you  have 
taken  means  ruin  to  me.  I  shall  have  to  bear 
my  trouble  like  a  man.  And  I  can  do  that,  thank 
God!" 

"  And  your  wife — is  she  prepared  for  this?  " 

"  No,  my  wife  knows  nothing  about  my  business, 
but  my  misfortunes  will  not  fall  upon  her.  Her 


8o    THE    MAGISTRATE'S    OWN    CASE 

mother  is  at  Falkenstein,  and  has  some  small  fortune. 
Besides,  my  wife  is  provided  for  in  another  way.  She 
inherits  all  Lord  Faringdon's  personal  property,  and 
he  was  very  rich." 

Sterner  played  with  his  eye-glasses.  "  Do  you  see, 
Herr  Saarbriicken,  that  this  circumstance,  taken  with 
the  others,  furnishes  a  still  more  weighty  piece  of 
evidence  against  you?" 

"  Perfectly,"  answered  the  accused  calmly. 

"  And  that  these  circumstances  may  drag  your 
wife  into  the  case?  " 

"  I  don't  believe  it.  My  lawyer  can  prove  that  my 
wife  knows  nothing  of  Lord  Faringdon's  testamen- 
tary dispositions." 

''  There  you're  going  too  fast,"  interrupted  Ster- 
ner. "  One  can't  prove  a  negative." 

Saarbriicken  raised  his  head  with  a  little  smile: 
"  It  is  not  everybody  that  has  my  bad  luck.  I  can 
prove  that  my  wife  has  taken  steps  to  obtain  a  di- 
vorce, and  that  the  only  thing  that  has  stopped  it  has 
been  my  opposition." 

Sterner  raised  his  head,  which  he  had  lowered 
while  this  statement  was  being  made. 

"  Are  you  aware  that  this  piece  of  information 
makes  your  case  still  worse?  " 

Saarbriicken  smiled  again:  "  Dr.  Sterner,  it  can't 
be  worse  than  it  is.  I  am  not  a  particularly  religious 
man,  but  I  still  have  some  faith  in  truth  and  justice. 
I  have  full  confidence  in  my  just  cause.  And,"  he 
added,  with  a  bow  and  a  sarcastic  smile,  "  in  order 


THE    INVESTIGATION  81 

to  avoid  those  drawbacks  you  referred  to,  I  should 
advise  you  to  undertake  a  search  at  once  elsewhere, 
before  it  unfortunately  becomes  too  late." 

Sterner  scanned  the  accused  closely.  Schaltz  pierced 
him  through  with  his  eyes.  This  was  really  a  wonder- 
ful man — both  of  them  were,  in  fact.  So,  after  all, 
there  was  something  to  be  learned  from  science. 

The  evidence  was  copied  out  and  given  to  the  ac- 
cused to  sign.  The  magistrate  stood  thinking  for  a 
moment. 

"  Remove  the  prisoner,"  he  then  said  shortly. 

Thereupon  the  accused  was  taken  out,  and  Sterner 
gave  the  order  to  call  the  witness  who  had  been  in 
service  with  the  Italian  couple  before  their  depar- 
ture. 

The  witness  entered. 

Sterner  looked  closely  at  her  as  she  came  in,  a  mid- 
dle-aged woman,  very  showily  dressed,  short  and  very 
dark. 

"  Your  name?  "  he  asked. 

11  Nathalia  Stolzi." 

"Where  born?" 

"  In  Austrian  Tyrol,  but  I  have  lived  Here  in  Hom- 
burg  for  fifteen  years." 

"  You  were  in  service  at  the  little  cottage  in  the 
Park,  with  the  banker  Delphini  and  his  wife?  " 
'  Yes,"  was  the  answer. 

1  You  were  at  home  the  night  before  last  at  mid- 
night? " 

"  No,"  said  the  witness.  "  Madame  sent  me  into 


82     THE    MAGISTRATE'S   OWN    CASE 

town  at  eleven  o'clock  to  a  dressmaker's,  who  was  to 
have  had  some  things  ready  by  that  time.  Madame 
was  leaving  early  the  following  morning." 

:'  When  did  you  come  home?  " 

"  At  about  half  past  twelve. — I  don't  remember 
the  exact  time.  But  I  had  to  wait  a  good  time  at  Frau- 
lein  Krause's,  the  dressmaker's,  as  she  was  not  ready 
with  the  things." 

"  Had  your  mistress  gone  to  bed  when  you  came 
back?" 

"  No,  both  she  and  my  master  were  up.  They  were 
busy  packing." 

"  Did  you  meet  anyone  in  the  Park?  " 

'Yes,"  replied  Nathalia  Stolzi;  "somewhere 
about  the  crossroads — where  they  found  the  mur- 
dered lord — I  saw  a  gentleman  who  was  walking 
along  the  road." 

"Indeed,"  interrupted  Sterner;  "and  would  you 
be  able  to  recognise  this  gentleman  if  you  saw  him?  " 

Nathalia  hesitated  for  a  moment.  "  Yes,  I  think 
so.  He  was  tall,  stout  and  fair;  he  wore  a  light  over- 
coat and  had  a  soft  felt  hat  on  his  head." 

"  Schaltz,"  said  Sterner,  "  will  you  bring  in  the 
prisoner?  " 

Schaltz  went  out. 

Sterner  turned  to  Nathalia  Stolzi. 

"  Now  perhaps  you  will  be  kind  enough  to  think 
well  over  it — your  statement  here  is  of  the  very  great- 
est importance,  you  understand.  It  may  have  a  deci- 
sive significance'  on  the  fate  of  a  fellow-creature. 


THE    INVESTIGATION  83 

If  you  recognise  this  man,  you  must  say  so;  if 
you  have  a  shadow  of  doubt,  you  must  also  tell  us 
that." 

The  dark  little  woman  was  on  thorns.  Her  former 
confident  bearing  had  disappeared,  and  she  trembled 
slightly. 

The  door  opened  and  Schaltz  entered  with  Saar- 
briicken. 

Sterner  kept  his  eyes  fixed  on  Nathalia. 

"  Was  it  he?" 

The  witness  turned  towards  Saarbriicken,  whose 
face  was  calm  and  unmoved;  her  voice  trembled  a 
she  whispered,  turning  to  the  magistrate: 

"  It  was  he." 

There  was  a  deep  silence. 

"  Did  you,  Saarbriicken,  meet  this  woman  the 
night  before  last  about  half-past  twelve  in  the  Cur- 
haus  Park?  "  asked  Sterner. 

"  No,"  was  the  answer. 

"  Remove  the  prisoner  again,"  said  Sterner. 

Schaltz  made  a  sign  to  Saarbriicken,  and  together 
they  left  the  court-room. 

"  Are  you  aware  that  this  evidence  of  yours,  which 
you  will  have  to  repeat  in  the  assize-court,  is  of  de- 
cisive importance  to  the  accused?  "  asked  Sterner. 

"  Yes,"  replied  the  witness  in  a  scarcely  audible 
voice. 

Sterner  proceeded  with  the  examination.  He  inter- 
rogated the  witness  backwards  and  forwards,  about 
her  master  and  mistress,  about  herself  and  about  the 


84    THE    MAGISTRATE'S   OWN    CASE 

people  who  could  testify  as  to  her.  It  appeared  from 
her  explanations  that  the  Delphini  couple  led  a  very 
retired  existence,  and  as  far  as  she  knew  lived  very 
happily  together.  She  had  only  been  their  servant 
during  the  time  they  had  been  living  at  Homburg; 
they  had  but  few  acquaintances,  but  enjoyed  the  best 
of  reputations.  The  witness  was  unable  to  say 
whether  either  of  them  had  left  the  house  that  even- 
ing. Her  master  was  out  when  she  left,  and  he  was 
at  home  when  she  came  back,  about  half-past  twelve, 
as  before  stated.  She  had  never  heard  Saarbriicken's 
name  mentioned  in  the  house,  nor  Lord  Faringdon's 


either,  and  as  far  as 


he  knew  these  two  persons  were 


unknown  to  her  former  master  and  mistress.  As  to 
their  departure  !from  Homburg,  she  declared  that 


een  decided  as  far  back  as  her 
ir  tenancy  0f  tne  cottage  expired 


the  date  of  it  had 
engagement,  and  the 
on  July  8th. 

She  knew  that  Mr.  Delphin'i^home  was  in  Milan, 
but  she  did  not  know  the  apuress.  The  couple  had 
gone  from  Homburg  to  Switzerland  to  spend  a  few 
weeks  in  the  mountains. 

Finally,  this  witness  was  dismissed,  and  Saar- 
briicken  was  again  brought  in. 

"  Mr.  Saarbriicken,"  said  Sterner,  in  a  quiet,  firm 
voice.  "  You  will  perhaps  have  remarked  that  the 
evidence  of  the  last  witness  makes  your  position  more 
than  questionable.  You  deny  having  seen  this  wom- 
an; I  pass  over  that,  since  it  is  quite  reasonable  to 
suppose  that  you  did  not  tfptice  her,  although  she 


THE    INVESTIGATION  85 

went  by  you  at  a  very  short  distance;  but  she  saw 
you;  and  it  is  thus  established  that  you  were  seen  in 
the  Park  at  a  time  when  the  murder  may  have  been 
committed.  I  must  therefore  call  upon  you — this  time 
in  your  own  interest — to  explain  how  you  came  to 
be  present  at  that  spot  at  the  time  in  question.  There 
is  no  question  now  of  proving  an  alibi ;  there  can  be 
no  talk  of  that;  you  have  only  to  explain  why  you 
were  in  the  Park." 

Saarbriicken  looked  up  with  a  slight  smile. 

"  I  have  told  you  myself  that  I  passed  the  Park, 
so  there  is  nothing  new  in  this  as  far  as  that  goes. 
And  I  don't  see  what  difference  it  makes  if  a  woman 
unknown  to  me  has  seen  me.  I  don't  know  when  my 
friend  was  murdered — whether  you  know  it  or  not,  I 
can't  decide." 

Sterner  shrugged  his  shoulders. 

"  Schaltz,"  he  said;  "  take  the  prisoner  back  to  his 
cell." 

As  Saarbriicken  was  turning  to  follow  Schaltz,  the 
magistrate  addressed  him  once  more. 

"  Prisoner,"  he  said,  "  I  must  tell  you  that,  accord- 
ing to  the  provisions  of  Paragraph  88  of  the  code  of 
criminal  procedure,  you  will  to-day  be  confronted 
with  the  body  of  the  murdered  man." 

Saarbriicken  raised  his  head  solemnly:  "  I  have 
seen  a  dead  man  before  now,  and  could  the  body 
witness  to  my  innocence  it  would  cry  aloud  to 
heaven." 

Sterner  said  nothing. 


86    THE    MAGISTRATE'S    OWN    CASE 

The  order  for  close  confinement  was  cancelled,  and 
the  prisoner  was  led  away.  The  inquiry  was  sus- 
pended, and  the  court  rose. 

The  same  day,  shortly  after  the  examination,  the 
public  prosecutor  was  summoned  by  telegram. 

Schaltz  was  now  convinced  that  Helmuth  Saar- 
briicken  was  the  murderer.  He  approached  the  mag- 
istrate respectfully:  "  Dr.  Sterner,"  he  asked,  "  how 
did  you  come  to  know  that  about  the  locket?  Excuse 
my  asking,  sir,  but  it  was  a  thing  I  ought  to  have 
known." 

Sterner  smiled:  "Chance,  Schaltz — blind  chance. 
The  boy  who  found  the  locket  was  my  porter's  son ; 
I  got  the  story  from  him  this  morning." 

Schaltz  shook  his  head :  "  It  doesn't  look  well 
for  him,  sir." 

"  No,"  replied  Sterner;  "  it  does  not.  But  it  would 
look  worse  if  there  had  been  less  of  it;  as  it  is,  there 
is  almost  too  much." 

That  is  how  the  case  stood  on  the  eighth  of  July, 
and  the  next  day  the  court  at  Frankfort  was  informed 
of  the  prosecution  of  Helmuth  Saarbriicken,  mer- 
chant, charged  with  the  wilful  murder  of  Cecil  Lak- 
ing,  Baron  Faringdon,  late  of  Rigsby  Abbey,  in  the 
county  of  Kent,  in  the  United  Kingdom  of  Great 
Britain  and  Ireland.  The  charge  included  no  one  else 
besides  Saarbriicken,  as  the  public  prosecutor  had 
been  put  in  possession  of  facts  which  seemed  to  pre- 
clude the  possibility  of  the  wife  of  the  accused,  Elisa- 
beth Saarbriicken,  having  any  share  in,  or  even 


THE    INVESTIGATION  87 

knowledge  of,  the  crime  with  which  her  husband  was 
charged. 

On  the  same  day  the  legal  viewing  of  the  body 
was  conducted  by  the  official  surgeon,  Dr.  Grible,  In 
the  presence  of  Magistrate  Sterner  and  the  accused, 
who  stood  quite  coolly  and  collectedly  by  his  mur- 
dered friend's  body  and  watched  without  the  slightest 
tremor  while  the  doctor  showed  how  the  Corsican 
dagger  fitted  the  fatal  wound  perfectly. 

The  doctor  shook  his  head.  Either  this  man  must 
be  innocent,  or  more  hardened  than  any  professional 
criminal. 


CHAPTER   FOUR 

ON  July  9th  the  examination  of  witnesses  was 
continued,  and  the  loth  saw  the  arrival  of 
the    two   English   solicitors,    Sir   Longland 
Hearne  and  Mr.  Tunstaple  Wells. 

Sir  Longland  Hearne  might  have  been  taken  for 
an  eminent  politician ;  he  was  thin,  upright  and  sharp- 
featured,  had  iron-gray  hair  and  wore  an  eyeglass. 
His  eyes  were  brown  and  naturally  full  of  life,  but 
strict  discipline  had  made  them  appear  dull  and  un- 
fathomable. He  was  something  of  a  dandy,  and  his 
income  was  not  less  than  twenty  thousand  a  year.  He 
had  been  at  Oxford  with  the  sixth  Lord  Faringdon, 
whose  lawyer  and  confidential  friend  he  afterwards 
became. 

In  1888  Hugh,  sixth  baron,  was  racing  at  Cowes 
when  he  met  with  an  accident  which  caused  his  death. 
Lord  Cecil  was  then  only  seventeen,  and  when  he 
came  of  age  and  inherited  the  property,  he  inherited 
Sir  Longland  as  well. 

The  Roxley  family  who  were  next  of  kin,  cherished 
a  natural  distrust  of  Sir  Longland.  Sir  Longland  did'  .^ 
not  know  them,  but  he  knew  their  lawyer,  Mr.  Tun- 
staple  Wells,  and  thought  him  of  very  small  account. 

88 


THE    INVESTIGATION  89 

It  was  therefore  not  an  unmixed  pleasure  to  him. 
to  share  a  cabin  and  a  railway  carriage  with  Mr, 
Wells  all  the  way  from  Dover.  They  did  not  say  twa 
words  to  each  other  on  the  journey,  though  they  had 
the  carriage  to  themselves. 

They  both  went  to  the  Curhaus  Hotel;  they  had 
both  come  on  the  same  business — to  look  after  Lord 
Faringdon's  inheritance. 

Sir  Longland  Hearne  was  not  long  in  finding  out 
that  Sterner  was  the  man  it  would  best  pay  to  see, 
and  to  him  he  went. 

Sterner  was  guarded.  He  received  his  former 
principal  politely  and  Sir  Longland  was  glad  to  hear 
that  his  pupil  was  getting  on  well.  He  was  interested 
in  hearing  about  Frau  Saarbriicken,  and  it  was  with 
no  little  satisfaction  that  he  found  she  was  not 
included  in  the  accusation.  He  would  have  been 
sorry  that  such  a  thing  should  have  happened  to  his 
client;  for  he  regarded  himself  as  a  part  of  the  heri- 
tage and  placed  himself  at  the  lady's  disposition.  On 
the  other  hand,  he  was  grieved  to  hear  that  her  hus- 
band was  probably  the  murderer ;  but  as  the  lady  was 
to  be  divorced  and  could  get  a  division  of  property, 
they  would  get  over  that.  Sir  Longland  was  less  in- 
terested about  Lord  Faringdon;  to  his  mind  a  dead 
client  was  represented  by  his  legal  heirs,  and  the  thing 
now  to  be  done  was  to  get  the  position  defined  so 
that  Sir  Longland  Hearne  might  be  master  of  the 
situation. 

The   funeral   of  Lord   Faringdon  would  be   his 


9o    THE    MAGISTRATE'S    OWN    CASE 

affair;  it  should  be  carried  out  with  all  pomp  at 
Rigsby  Abbey ;  it  was  provided  in  the  will  that  if  the 
body  could  be  found,  it  should  be  cremated  and  the 
ashes  placed  in  an  urn  in  the  Abbey  chapel.  The  late 
Lord  Faringdon  had  calculated  on  being  drowned, 
but  it  had  turned  out  otherwise. 

Sterner  was  very  well  satisfied  with  Sir  Longland 
Hearne,  and  they  agreed  that  Sterner  should  intro- 
duce the  lawyer  to  the  heiress ;  possibly  it  would  be  a 
good  arrangement  if  Sterner  were  to  be  appointed 
her  trustee,  but  there  was  plenty  of  time  for  settling 
details. 

Sterner  asked  whether  Sir  Longland  would  like  to 
see  the  body;  Sir  Longland  did  not  care  about  that, 
but  proposed  to  Sterner  to  come  to  lunch  with  him; 
Sterner  accepted  the  invitation,  but  suggested  that 
they  should  lunch  at  Cronberg,  where  Frau  Saar- 
briicken  was  now  staying.  Sir  Longland  Hearne 
asked  whether  it  was  there  that  the  Empress 
Frederick  had  a  villa,  and  on  being  told  that 
it  was,  expressed  his  respect  for  the  English 
princess.  Then  they  got  into  Sterner's  motor-car 
and  went  up  to  Cronberg  to  lunch  and  see  the 
heiress.  *• 

Mr.  Tunstaple  Wells  lunched  alone  at  Homburg, 
and  then  paid  a  visit  to  the  police  president,  who 
passed  him  on  to  Schaltz.  Mr.  Wells  went  to  see 
Schaltz  and  found  him  a  man  after  his  own  heart. 
Wells  held  radical  and  democratic  opinions;  his 
father  had  been  a  Scotland  Yard  detective,  and  from 


THE    INVESTIGATION  91 

his  childhood  he  had  been  accustomed  to  the  police 
and  their  ways. 

Schaltz  spoke  good  English  and  gave  Mr.  Wells 
an  account  of  the  whole  affair,  so  far  as  discretion 
allowed  him. 

Mr.  Wells  asked  Schaltz  whether  they  should  be 
frank  with  each  othert  and  Schaltz  declared  that  he 
would  be  delighted  if  Mr.  Wells  would  be  frank. 

So  Mr.  Wells  told  him  that  his  mission  was  to 
represent  the  next  of  kin,  the  Lakings  of  Roxley, 
who  had  been  informed  by  a  certain  Sir  Longland 
Hearne — to  put  it  mildly,  a  most  arrogant  and  intel- 
lectually insignificant  person — that  the  whole  per- 
sonal property  of  the  murdered  lord  had  been  left  to 
a  German  lady.  Mr.  Wells  had  seen  in  the  paper  that 
this  lady  was  the  murderer's  wife,  and  he  was  very 
glad  of  it,  since  she  was  probably  an  accomplice  in 
the  crime  and  therefore  would  be  excluded  from  the 
legacy. 

Schaltz  had  to  deprive  Mr.  Wells  of  this  consola- 
tion ;  the  lady  in  any  case  was  innocent,  and  the  legacy 
would  certainly  go  to  her. 

Mr.  Wells  pondered  it. 

'  Then  I  may  just  as  well  go  home  again,"  said  he. 
"  It  isn't  in  my  line  to  squabble  with  the  great  Sir 
Longland  over  his  lordship's  corpse.  Let  him  and  the 
lady  bury  his  lordship  between  them;  he  was  a  use- 
less booby  while  he  was  alive,  and  now  he's  been 
stuck  like  a  pig.  Peace  be  with  him !  " 

Schaltz  had  an  idea. 


92    THE    MAGISTRATE'S   OWN    CASE 

"  Mr.  Wells,"  he  said,  "  there  is  still  a  possibility 
that  there  may  be  some  work  here  for  you.  Are  your 
clients  rich?  " 

Mr.  Wells  drew  himself  up:  "  My  clients  either 
are  rich  or  are  going  to  be  rich — generally  by  my 
help.  The  Lakings  of  Roxley,  and  especially  Lord 
Julius  Laking,  now  eighth  Baron  Faringdon,  are  at 
this  moment  about  to  become  very  rich." 

Schaltz  blinked  his  eyes.  "  Sir,"  said  he,  "  my  lips 
are  sealed,  when  it  is  a  question  of  police  informa- 
tion; but  I  am  human,  I  have  seen  a  good  deal  and  I 
am  at  liberty  to  think  my  own  thoughts  like  other 
men.  As  things  now  stand,  Saarbriicken  is  accused  of 
the  murder,  and  there  is  much  circumstantial  evidence 
against  him.  There  are  so  many  points  that  I  have 
seldom  seen  more,  and  therefore  there  is  something, 
for  a  lawyer  to  do.  You  ought  to  call  on  your  Ger^ 
man  colleague  without  delay,  Mr.  Isidor  Rosen- 
thai,  advocate,  of  Frankfort,  Mr.  SaarbriickenY 
counsel." 

Mr.  Wells  pondered  it.  "  Do  you  think  yourself 
that  the  man  is  innocent?  " 

"  Don't  know,"  replied  Schaltz  shortly. 
'  Well,  whether  he  "is  or  not  don't  really  make  a 
button  of  difference  to  me  or  the  new  Lord  Faring- 
don," said  Wells  with  a  slight  yawn.  "  As  a  lawyer, 
chiefly  occupied  with  money  matters,  I  don't  take  any 
interest  in  criminal  cases,  and  I  don't  see  that  it  mat- 
ters one  way  or  the  other  if  Saarbriicken  is  the  mur- 
derer. His  wife — who  seems  to  be  going  to  run  off 


THE    INVESTIGATION  93 

with  a  lot  of  money  that  rightly  ought  to  come  to  us 
— she's  innocent,  according  to  what  you  say." 

Schaltz  cleared  his  throat. 

"  Sir,"  he  said,  "  now  you  are  putting  words  into 
my  mouth  that  I  have  never  used.  As  a  policeman  I 
can't  say  anything  more,  I  can  only  hint  to  you  that 
if  your  clients  are  rich,  it  would  be  to  their  interest  to 
lay  out  some  of  their  riches  on  finding  out  who  has 
murdered  Lord  Cecil.  That  is,  provided  of  course 
that  it  is  not  Saarbriicken.  For  if  it  is  he,  then  the 
heiress,  who  stands  between  your  clients  and  their 
inheritance,  is  innocent  and  fully  entitled  to  receive 
the  legacy." 

"  Do  you  mean  to  say  you  think — "  began  Wells. 

Schaltz  interrupted  him.  "  I  only  mean  to  say  that 
I  advise  you  to  try  and  work  as  closely  as  you  can 
with  Mr.  Isidor  Rosenthal." 

Mr.  Wells  took  the  matter  under  deliberation,  and 
decided  finally  to  throw  in  his  lot  with  Mr.  Isidor 
Rosenthal. 


CHAPTER    FIVE 

IN  his  large  and  handsome  office  on  the  Zeil, 
Frankfort's  principal  artery,  sat  the  advocate 
Isidor  Rosenthal,  buried  deep  in  his  work. 

It  was  Saarbriicken's  affair — or  rather,  Saar- 
briicken's  affairs — that  just  now  hung  over  the  great 
office  and  its  many  clerks,  as  a  case,  a  man  and  his 
affairs  may  suddenly  lay  claim  to  the  whole  of  a 
lawyer's  activity. 

The  formal  side  of  the  case  was  clear.  Saarbriicken 
was  charged  with  murder  and  the  court  had  ap- 
pointed Isidor  Rosenthal  for  the  defence.  Saar- 
briicken was  much  liked  in  Frankfort,  and  his  friends 
had  formed  a  committee  of  liquidation  to  carry  on 
the  business  of  the  firm  of  Fiirste  and  Wienecke  under 
Rosenthal's  supervision,  so  as  to  keep  it  above  water 
for  the  present,  until  a  definite  arrangement  could  be 
come  to. 

The  arrest  of  his  son  came  upon  Saarbriicken  Sen-* 
ior  like  a  thunderbolt;  he  would  have  been  ready  to'j 
provide  for  his  smaller  personal  needs,  but  he  had 
foreseen  the  bad  state  into  which  the  business  had  got, 
and  he  was  too  wise  to  throw  away  any  of  his  money 
in  helping  it.  He  stayed  quietly  at  Hamburg  and 

94 


THE    INVESTIGATION  95 

when  he  went  on  the  Bourse  received  the  condolence 
of  people  whom  he  knew  to  be  rejoicing  over  the 
ill-luck  that  had  befallen  his  house.  That  is  the 
custom  of  stock  exchange  people  all  the  world 
over. 

But  all  this  gave  work,  much  work  to  Isidor  Ros- 
enthal.  He  sat  up  to  the  ears  in  the  books  and  papers 
of  the  house  of  Fiirste  and  Wienecke,  when  his  chief' 
clerk  announced  Mr.  Tunstaple  Wellsr^ 

"  Ask  him  to   come  in,"   said   Rosenthal,   imme--x 
diately  assuming  that  air  of  the  man  of  the  world" 
with  which  business  people  on  the   Continent  arm' 
themselves  against  the  English,  lords  of  the  sea,  whd 
from  time  immemorial  have  compelled  the  respect  of' 
the  dwellers  on  the  Continent.   In  matters  of  business 
it  is  always  an  additional  asset  to  be  an  Englishman, 
the  nationality  by  itself  lays  claim  to  a  more  distin- 
guished kind  of  treatment.  A  Frenchman  is  to  be 
parleyed  with ;  a  Russian  to  be  treated  as  a  barbarian ; 
a  Scandinavian  to  be  ignored,  and  an  Italian  or  Span- 
iard may  be   slighted.    But  an  Englishman ! — The 
great  Prince  Bismarck  used  to  say:  "  In  Germany 
when  they  see  a  Russian  prince  they  say,  Oh! — an 
American  millionaire  "  (millionaires  had  not  been  in- 
vented in  Bismarck's  day),  "  Oh!  oh! — and  an  Eng- 
lish lord,   Oh!   Oh!   Oh! — but  a   Silesian   count   is 
greeted  with  Bah !  " 

Mr.  Tunstaple  Wells  was  a  democrat,  well-dis- 
posed, blunt,  straightforward  and  business-like ;  Ros- 
enthal was  extremely  polite. 


96    THE    MAGISTRATE'S   OWN    CASE 

"  Mr.  Rosenthal,"  said  Wells,  "  I  hear  you  repre- 
sent Mr.  Saarbrikken  both  with  regard  to  his  fortune 
and  with  regard  to  his  head —  Well,  I've  come  to  see 
you.  Our  interests,  as  far  as  that  goes,  are  parallel. 
I  represent  his  lordship,  the  eighth  Baron  Faring- 
don,  till  now  known  as  Lord  Julius  Laking.  He  is 
the  murdered  lord's  heir-at-law;  I  hear  that  the  late 
Lord  Faringdon's  personalty  has  been  left  by  his  will 
to  the  wife  of  your  client.  Is  that  so?  " 

Rosenthal  nodded. 

"  By  common  law  the  murderer  loses  his  right  to 
inherit  the  property  of  the  man  who  has  been  mur- 
dered by  him  or  at  his  instigation.  I  therefore  ask 
you  two  questions.  Is  there  community  of  goods  be- 
tween Mr.  and  Mrs.  Saarbriicken,  and  is  one  or  both 
of  them  guilty  of  the  murder?  " 

That  was  going  straight  to  the  point,  thought  Ros- 
enthal, but  his  questioner  was  an  Englishman,  and 
that  explained  all.  Englishmen  are  supposed  to  go 
straight  to  the  point.  Therefore  Rosenthal  answered 
briefly: 

"  Sir,  your  first  question  I  must  answer  in  the 
affirmative.  There  is  community  of  goods  between 
Mr.  Saarbriicken  and  his  wife.  The  second,  some- 
what more  intricate  question,  I  answer  in  this  way: 
I  have  undertaken  the  defence  of  Mr.  Saarbriicken, 
therefore  he  is  innocent." 

"  Ah!  "  said  Mr.  Wells,  stretching  out  his  legs. 

"  May  I  in  return  ask  you,"  Rosenthal  went  on, 
"  how  much  Lord  Faringdon  may  be  thought  to  have 


THE    INVESTIGATION  97 

left,  besides  the  entailed  property,  which  does  not 
concern  us  here  on  the  Continent?  " 

Mr.  Wells  calculated  in  his  head;  he  could  not 
make  it  less  than  120,000. 

"  Pounds?  "  asked  Rosenthal. 

To  which  Mr.  Wells  merely  replied:  "  Of  course." 

Rosenthal  offered  Mr.  Wells  a  very  long  and 
choice  Havana. 

Mr.  Wells  proceeded  to  light  it. 

"  So  then,  my  dear  sir,"  said  Wells  from  behind  a 
great  cloud  of  smoke,  "  your  man  is  innocent.  That 
is  pleasant  for  him,  and  pleasant  for  you  too,  as  it 
will  make  it  easy  for  you  to  defend  him  and  honoura- 
ble to  get  him  off.  For  me  it  is  less  pleasant,  in  so  far 
as  it  makes  my  clients  lose  a  good  round  sum;  and  you 
will  admit  that,  since  Lord  Cecil  is  murdered,  I  am 
in  the  position  of  a  man  who  would  prefer  to  see  the 
culprit  found,  but  would  prefer  most  of  all  that  this 
should  be  the  means  of  bringing  money  to  my  clients." 

Rosenthal  had  to  admit  that  the  case  might  be 
looked  at  from  that  standpoint,  especially  by  one  who 
represented  the  new  Lord  Faringdon.  "  But,"  he 
added,  "  in  any  case  Mrs.  Saarbriicken  is  innocent, 
and  the  money  is  hers." 

Mr.  Wells  drew  at  his  cigar. 

"  Might  it  not  be  supposed,"  he  suggested,  "  that 
Mrs.  Saarbriicken  herself  had  an  interest  in  getting 
rid  of  Lord  Faringdon?  " 

1  Then  you  don't  know  Mrs.  Saarbriicken,"  inter- 
rupted Rosenthal. 


93    THE    MAGISTRATE'S   OWN    CASE 

"  No,  I  don't,"  was  the  answer;  "and  for  that 
very  reason  I  cannot  insult  the  lady  with  my  hypoth- 
esis. I  am  only  asking  a  question.  You  represent  in 
the  first  place  Mr.  Saarbriicken's  defence.  I  know 
that  there  has  been  talk  of  a  divorce  or  something  of 
that  sort." 

Rosenthal  thought  to  himself:  where  does  he  know 
that  from?  but  he  consoled  himself  by  thinking  that 
Englishmen  got  to  know  everything,  and  he  said 
nothing. 

Mr.  Wells  continued :  "  We — Lord  Julius  and  the 
other  heirs — are  willing  to  contribute  to  the  costs  of 
Mr.  Saarbrucken's  defence,  if  thereby  we  could  ob- 
tain a  positive  result  with  reference  to  the  question  of 
the  inheritance." 

"  You  mean — "  said  Rosenthal — he  had  a  rapid 
brain  and  had  already  seen  through  the  plan. 

Well,  as  far  as  that  went,  Mr.  Wells  did  not  mind. 

Therefore  he  went  on: 

"  Yes.  You  see,  if  Saarbriicken  is  innocent,  as  you 
say  he  is — and  if  he  is  on  bad  terms  with  his  wife, 
as — other  people  say"  (Mr.  Wells  had  it  from 
Schaltz),  "  then  we  may  suppose  the  possibility  that 
the  lady  has  had  a  finger  in  the  business,  which  of 
course  she  may  have  had.  This  would  raise  an  ex- 
tremely interesting  legal  question  as  to  Mrs.  Saar- 
brucken's right  to  inherit,  which  would  form  an  ex- 
cellent basis  for  an  agreement,  for  which  we  shall 
always  be  ready." 

The  idea  appealed  to  Mr.  Rosenthal  only  so  far 


THE    INVESTIGATION  99 

as  Mr.  Wells'  willingness  to  pay  the  costs  of  the  de- 
fence was  concerned.  The  house  of  Fiirste  and  Wien- 
ecke  was  not  in  a  position  to  pay  large  fees,  and  the 
English  money  market  has  the  advantage  that  it 
reckons  in  a  large  unit :  the  pound  sterling.  That  was 
good  enough.  The  other  side  of  the  matter  was  less 
inviting.  Rosenthal  believed  in  Saarbrikken's  guilt- 
lessness, and  he  had  no  doubt  of  Mrs.  Saarbriicken's 
absolute  innocence.  But  he  was  a  good  man  of  busi- 
ness, and  he  admitted  that,  if  investigations  were  to 
be  made  in  that  direction,  it  was  just  as  well  that  they 
should  be  conducted  by  him. 

He  smiled  and  showed  his  fine  white  teeth  under 
his  glistening  black  moustache,  as  he  said  in  a 
friendly  tone: 

"  I  accept  that." 

Mr.  Wells  was  a  little  surprised,  but  after  all  it 
was  his  own  proposal.  Had  he  by  any  chance  made 
a  slip?  No.  The  meaning  of  it  was,  of  course,  that 
the  advocate  did  not  believe  in  his  client. 

"  Mr.  Rosenthal,"  he  said,  "  I  see  you  understand 
me.  We  arrange  a  counter-investigation,  and  in  this 
you  take  the  lead.  I  propose  that  you  should  dis- 
cover everything  that  could  weaken  the  suspicion  of 
your  client's  guilt.  You  must  do  more  than  this ;  you 
must  use  your  best  endeavours  to  find  out  the  real 
culprit,  and  in  the  course  of  these  endeavours  you  will 
take  into  consideration  the  eventuality  that  I  hinted 
at  just  now.  On  this  point  you  will  work  with  us 
from  henceforward.  Are  we  agreed?" 


ioo    THE    MAGISTRATE'S   OWN    CASE 

Rosenthal  smiled.  "  You  mean,  Mr.  Wells,  that 
Saarbriicken,  who  is  to  be  divorced  from  his  wife,  will 
not  touch  any  of  the  legacy,  whether  he  is  guilty  or 
not  guilty;  but  that  she,  if  she  can  be  shown  to  have 
any  complicity,  will  get  nothing  either.  And  it  is  this 
last  proof  that  your  esteemed  clients  are  prepared  to 
pay  for  with  a — thumping  fee." 

"  That's  it,"  said  Mr.  Wells. 
'  Then  we  understand  each  other,"  added  Ros- 
enthal. 

"  Very  well,"  concluded  Mr.  Wells.  "  Then  let 
us  look  into  the  case.  How  many  points  of  circum- 
stantial evidence  are  there  ?  " 

"  Seven,"  said  Rosenthal. 

'  That's  a  good  lot,"  was  Mr.  Wells'  opinion. 
"What  are  they?" 

Rosenthal  took  up  a  piece  of  paper.  "  First,  Saar- 
briicken was  out  at  night  at  a  time  which  probably 
corresponds  to  that  at  which  the  murder  was  com- 
mitted— more  than  that,  a  witness  saw  him  in  the 
Park.  Secondly,  he  either  will  not  or  cannot  prove 
an  alibi.  Thirdly,  his  wife  is  Lord  Faringdon's  heir- 
ess, and  he  knew  it.  Fourthly,  he  is  deeply  in  debt  to 
Lord  Faringdon  or  his  estate.  Fifthly,  his  locket  was 
found  on  the  scene  of  the  crime.  Sixthly,  his  dagger 
fits  the  wounds,  and  seventhly,  he  is  on  the  brink  of 
failure.  That  makes  seven,  doesn't  it?  " 

"  And  yet  you  believe  he  is  innocent,"  said  Wells. 
'  Your  faith  is  strong." 

"  Quite  right,"  said  Rosenthal,  "  but  not  one  of 


THE    INVESTIGATION  101 

these  circumstances,  taken  by  itself,  is  of  a  nature  to 
involve  his  guilt." 

"  Of  course  not,"  smiled  Wells.  "  But  you  see, 

my  dear  sir,  if  these  things  were  certain,  they  would 

no  longer  be  circumstantial  evidence  but  proofs,  and 

then  neither  you  nor  I  would  have  to  trouble  our 

I   heads  with  them." 

"  That  is  just  it,"  said  Rosenthal,  with  a  broad 
smile.  "  You,  Mr.  Wells,  must  have  a  great  interest 
in  seeing  Mr.  Saarbrikken  found  guilty,  even  if  you 
were  forced  to  speak  of  a  basis  for  an  agreement,  as 
you  so  kindly  hinted  just  now.  You  did  not  go  to 
Mrs.  Saarbriicken  and  her  friend  the  magistrate,  Dr. 
Sterner,  who  is  doing  his  best  to  convict  Mr.  Saar- 
briicken, did  you  ?  You  came  to  me.  And  I  am  proud 
enough  to  think  that  you  did  so  because  you  believe 
my  case  to  be  a  good  one.  Am  I  deceiving  myself?  " 

"  Mr.  Rosenthal,"  said  Wells  shortly,  "  I  am  an 
Englishman,  and  I  go  straight  to  the  point.  You 
have  opposed  to  you  a  man,  a  countryman  of  mine, 
whom  I  can't  stand.  A  disagreeable,  elderly  Tory 
named  Longland  Hearne.  Very  well,  that  way  is 
barred.  Our  interests  are  diametrically  opposed. 
Mrs.  Saarbrucken  is  strong  in  her  alliances.  You  un- 
derstand. I  am  honest  with  you." 

Rosenthal  bowed. 

"  And  the  practical  proposal?  "  he  asked. 

"  I  leave  that  to  you,  who  know  the  place." 

"  I  thank  you  for  your  confidence,"  replied  Rosen- 
thai.  "  And  I  hope  you  will  dine  with  me  to-day.  I 


io2    THE    MAGISTRATE'S   OWN    CASE 

should  like  to  have  seen  your  colleague;  perhaps  we 
could  have  found  a  new  basis  for  our  operations.  I 
never  go  out  of  the  way  to  win  over  my  opponent 
with  friendliness." 

4  You  may  spare  yourself  the  trouble,"  said  Mr. 
Wells  dryly.  "  Sir  Longland  Hearne  has  gone  mo- 
toring to-day  to  Cronberg  with  the  magistrate,  and 
in  all  probability  he  is  at  this  moment  engaged  in  an 
intimate  conference  with  Sterner  and  his  protegee t 
your  client's  wife." 

"Ah,"  said  Rosenthal.  And  he  added:  "Sterner 
must  retire  from  this  case." 

"  Or  else  he  must  be  made  impossible,"  said  Wells. 

Rosenthal  made  no  reply. 

"  We  must  make  sure  of  Schaltz,"  he  said.  "  He 
is  not  particularly  fond  of  his  superior;  he  is  a  lower- 
class  man,  but  he  has  a  certain  position  in  the  little 
local  society.  Would  you  have  any  objection  to  meet- 
ing him  at  dinner?  " 

"Mr.  Rosenthal,"  said  Mr.  Wells,  "  I  am  a 
democrat;  my  father  was  a  detective,  like  Mr. 
Schaltz.  Need  I  say  more?  " 

Neither  of  them  said  any  more,  and  that  day 
Schaltz  dined  exceedingly  well  at  the  most  fashiona- 
ble restaurant  in  Frankfort,  in  very  good  company. 


CHAPTER    SIX 

FROM  Homburg  to  Cronberg  the  road  goes 
through  Oberurzel;  it  is  about  eight  miles 
long,  with  a  gradual  descent  to  Oberurzel  and 
from  thence  a  gradual  ascent  to  Cronberg.  From 
Cronberg  it  goes  winding  steeply  up  to  Falkenstein, 
where  the  sanatorium  for  consumption  lies.  It  is  a 
fair,  smiling  landscape,  bounded  by  the  mountain 
slopes  of  Taunus,  with  numberless  houses  and  gar- 
dens. Nearly  in  front  of  Cronberg  lies  the  Imperial 
castle  of  Friedrichshof,  where  the  English-born  Em- 
press Frederick  spent  the  last  years  of  her  life  as  the 
widow  of  the  Emperor  of  a  hundred  days,  the  white 
Kaiser  Friedrich. 

The  whole  drive  took  less  than  half-an-hour.  Ster- 
ner was  his  own  chauffeur;  he  drove  slowly,  because 
his  guest,  who  did  not  really  care  much  for  this 
modern  style  of  vehicle,  wished  it.  There  was  there- 
fore plenty  of  opportunity  for  conversation  on  the 
way. 

Sterner  talked;  he  prepared  Sir  Longland  for  Mrs. 
Saarbriicken's  state  of  mind,  dwelt  upon  her  solitary 
situation  and  assured  him  of  his  deep  respect  for  her. 

He  did  not  go  into  further  details  of  their  acquaint- 

103 


io4    THE    MAGISTRATE'S   OWN    CASE 

ance;  all  he  said  was,  that  in  former  days  he  had 
known  her  very  well. 

"  The  question  before  us,  then,"  said  the  English 
lawyer,  "  is  this:  is  she  innocent  of  Lord  Faringdon's 
murder?  According  to  international  practice,  this 
question  is  decisive  as  to  her  right  to  inherit." 

'  When  you  have  seen  Mrs.  Saarbriicken,"  said 
Sterner  briefly,  "  you  will  never  again  address  that 
question  to  anyone." 

Sir  Longland  Hearne  bowed. 

'  The  next  question  is  that  of  community  of  goods, 
and  here  perhaps  I  may  repeat  what  I  have  already 
briefly  alluded  to.  Lord  Faringdon's  will  has  been 
drawn  up  according  to  English  law  and  with  English 
legal  conditions  in  view.  Personally  I  know  some- 
thing of  German  law;  I  know  that  paragraph  1363 
— you  see,  I  can  even  remember  the  paragraph — of 
the  civil  statute-book  allows  the  husband  the  manage- 
ment and  enjoyment  of  his  wife's  fortune  in  case  of 
community  of  goods.  I  know,  too,  that  paragraphs 
1365  and  1369  of  the  same  law  are  occupied  with 
the  question  of  money  or  objects  of  value,  which,  for 
instance,  are  devised  by  a  testator  to  the  wife  alone; 
and  in  this  case  they  become  her  sole  property,  with- 
out the  husband  having  the  slightest  right  over  them. 
The  will  we  are  interested  in  is  not  drawn  up  in  such 
a  way  that  one  can  say  definitely  that  it  contains  such 
dispositions  as  to  reservation;  on  the  other  hand, 
however,  it  is  not  certain  that  the  provisions  de- 
manded by  German  law  for  the  withdrawal  of  such 


THE    INVESTIGATION  105 

an  inheritance  from  the  husband's  sphere  of  control 
have  been  fulfilled.  As  you  see,  we  have  here  very 
good  reasons  for  being  cautious,  for  ..." 

And  while  the  sun  shown  over  Oberurzel,  over 
curly-headed  children  playing  by  the  roadside,  over 
cows  and  little  pigs,  over  the  whole  landscape  with 
its  smile  of  summer,  Sir  Longland  Hearne  went 
deeper  and  deeper  into  the  interesting  case  of  conflict 
between  English  and  German  law  which  was  occa- 
sioned by  the  will  of  the  late  Lord  Faringdon. 

Sterner  steered  his  car  carefully  between  the  curly- 
heads  and  the  pigs ;  now  and  then  he  gave  a  nod,  when 
his  learned  guest  said  something  very  good ;  and  now 
and  then  he  would  have  liked  to  interrupt  him.  Pass- 
ing Friedrichshof  he  nearly  ran  over  an  old  woman, 
when  Sir  Longland  said  something  more  than  usually 
learned. 

Then  he  closed  the  discussion  with  a  brief  remark. 

"  In  any  case,  we  cannot  think  about  the  payment 
of  the  legacy  before  the  trial  for  murder  is  decided." 

Sir  Longland  struck  his  hands  together.  "  Lord!  " 
he  said —  "  By  then  the  first  preliminaries  will  hardly 
have  been  put  in  order,  unless  German  criminal  pro- 
cedure is  extraordinarily  slow." 

"Now  we're  at  Cronberg,"  said  Sterner;  "there 
is  Falkenstein  above  us.  Here  we  have  to  crawl  up 
slowly  and  look  out.  It  will  hardly  do  to  discuss  legal 
points." 

Facing  south,  bathed  in  sun,  lies  the  Falkenstein 
establishment  on  the  side  of  the  Taunus  mountains; 


io6    THE    MAGISTRATE'S    OWN    CASE 

a  large  well-arranged  sanatorium  for  tuberculosis. 
Side  by  side  in  the  spacious  open-air  corridors  the 
patients  lie  with  their  thermometers  by  them,  quietly 
hoping,  occupied  only  in  registering  their  fever  and 
noting  the  improvement  that  is  promised  them  and 
that  comes  so  infinitely  slowly. 

When  a  stranger  chances  to  visit  the  place  and 
walks  erect  and  sunburnt  between  the  rows  of  pa- 
tients, their  great,  moist  eyes  are  turned  upon  him  as 
though  with  displeasure.  He  feels  like  an  intruder; 
tiis  health  is  an  insult  to  this  place,  dedicated  to  suffer- 
ing. Involuntarily  he  walks  with  noiseless  tread, 
speaks  in  a  hushed  voice,  as  though  he  were  on  for- 
bidden ground. 

And  while  the  sun  streams  over  the  wooded 
heights,  over  the  valley  with  its  roads  and  water- 
courses, he  feels  the  deep-drawn  sigh  of  sickness 
rising  from  the  silent  wards,  where  anxious,  careful 
mothers  sit  nursing  by  the  bedside  of  imprisoned 
youth. 

Mrs.  Saarbriicken's  mother  sat  here  in  one  of  the 
wards,  which  was  jokingly  called  the  "  Monkey- 
house,"  from  a  stuffed  ape  that  was  there.  Her  son 
John  lay  in  a  long  basket-chair,  gradually  sinking. 
But  the  doctor,  the  chief  of  the  establishment,  still 
gave  a  little  hope. 

Lizzie  was  staying  with  her  mother  at  a  little  hotel 
opposite  the  sanatorium.  She  spent  the  greater  part 
of  the  day  with  her  brother.  Here  no  one  cared  about 
her  husband's  fate;  each  was  occupied  exclusively 


THE   INVESTIGATION  107 

with  his  own  misfortune.  Here  she  could  find 
peace. 

Sterner's  sister,  the  wife  of  Dr.  Immermann,  was 
kind  to  her.  Between  the  brother  and  sister  there  was 
no  complete  confidence,  and  Immermann  personally 
disliked  his  brother-in-law.  He  had  a  natural  antipa- 
thy for  lawyers,  he  said;  the  name  itself  was  enough 
to  drive  him  away. 

But  his  wife,  who  with  a  woman's  tact  had  guessed 
her  brother's  state  of  mind,  did  what  she  could  to 
treat  Lizzie  with  kindness. 

There  was  no  doubt  that  Mrs.  Saarbriicken  was  in 
love  with  Fritz.  His  sister  knew  that  there  had  been 
something  between  them;  she  had  made  an  attempt 
to  talk  to  Mrs.  Gross  about  it,  but  the  old  lady  was 
so  taken  up  by  her  son's  illness  that  she  had  no  mind 
for  anything  else.  Nor  would  she  have  told  it. 

Sterner  himself  had  been  to  see  Lizzie,  his  sister 
knew  that,  and  that  she  avoided  him  told  her  better 
than  words  how  things  stood  between  them.  Sterner 
himself  did  not  answer  his  sister's  questions,  but  she 
knew  that  he  had  held  a  preliminary  examination  of 
Mrs.  Saarbriicken,  and  that  after  it  she  had  been  even 
more  silent  than  before,  more  unapproachable  even 
for  the  kindest  words.  She  knew  that  Lizzie  wished 
him  to  retire  from  the  case.  It  was  from  pity,  per- 
haps also  from  a  certain  shy  feeling  of  horror  at  the 
fate  that  threatened  the  man  who  for  three  years  had 
been  her  husband. 

But  when  Mrs.  Immermann  brought  Lizzie  her 


108    THE    MAGISTRATE'S    OWN    CASE 

brother's  message  that  he  and  the  English  lawyer  had 
come  to  Falkenstein,  Lizzie  was  unable  to  conceal  her 
joy.  It  had  been  agreed  that  they  should  meet  at  Dr. 
Immermann's,  and  thither  Sterner  guided  his  car. 
v  Lizzie  received  her  visitors  in  Dr.  Immermann's 
drawing-room.  The  conversation  was  carried  on  in 
English,  which  she  spoke  excellently;  and  thanks  to 
the  practical  English  custom  of  using  the  same  pro- 
noun, you,  in  intimate  as  in  formal  address — whereas 
the  German  uses  Du  to  those  who  are  nearest  to  him 
and  Sie  in  ordinary  conversation — Sterner  was  able 
to  avoid  disclosing  to  the  English  lawyer  how  well 
he  knew  the  handsome  lady,  without  being  compelled 
to  use  the  stiff  third  person  plural  which  in  his  posi- 
tion he  would  otherwise  have  had  to  do. 

"  Sir  Longland  Hearne  has  come  to  talk  about  the 
question  of  the  legacy,"  he  said;  "  he  and  I  are  old 
acquaintances,  and  you  can  have  full  confidence  in 
him." 

And  Sir  Longland  Hearne  began,  in  a  solemn  tone, 
as  is  fitting  when  speaking  to  a  bereaved  person,  to 
enlarge  upon  his  responsible  duties.  Without  actually 
quoting  the  civil  statute-book,  he  nevertheless  knew 
how  to  throw  such  a  colour  of  learning  and  technical 
knowledge  into  his  speech  that  it  remained  in  all 
essentials  perfectly  incomprehensible  to  Lizzie. 

Sterner  had  to  translate  it  into  ordinary  language ; 
he  did  so  briefly  and  very  clearly,  but  it  was  evident 
that  the  question  of  money  did  not  interest  Lizzie  in 
the  least. 


THE    INVESTIGATION  109 

'  There  is  another  question  which  we  must  touch 
upon  now,"  Sterner  continued.  "  You  wished  to  get 
a  divorce  from  your  husband ;  I  know  that  Lord  Far- 
ingdon  did  what  he  could  for  you  in  this  matter.  I 
know,  too,  that  he  had  almost  accomplished  his  end. 
You  stated  in  your  evidence  at  the  inquiry  that  it  was 
to  see  him  you  returned  to  Homburg  that  evening. 
I  did  not  want  to  go  further  into  the  question  at  your 
examination,  but  here  there  is  no  consideration  of 
publicity  to  hold  me  back.  I  know  that  Lord  Faring- 
don  had  obtained  Saarbriicken's  promise  of  consent 
to  the  divorce,  and  I  believe  that  was  the  reason  of 
Saarbriicken's  committing  the  crime  on  that  particu- 
lar evening." 

Lizzie  shuddered. 

Sir  Longland  looked  sharply  at  Sterner.  "  You 
think,  then,  that  Saarbriicken  is  the  murderer? — I 
beg  your  pardon,  madam,  but  after  Mr.  Sterner's 
words  you  will  understand  the  question.  You  think, 
then,  that  this  was  the  cause  of  his  lordship's  death?  " 

"  Not  exactly  that.  Saarbriicken  had  many  reasons 
for  acting  as  he  did.  But  that  the  deed  was  accom- 
plished on  that  particular  evening,  I  believe  to  be  due 
to  the  circumstance  I  have  alluded  to.  Mrs.  Saar- 
briicken must  now  be  divorced  from  her  husband. 
That  is  easily  done,  and  it  is  my  intention  to  offer  her 
my  assistance  to  this  end." 

"  It  cannot  be,"  said  Lizzie,  more  resolutely  than 
was  her  wont.  "  I  cannot  believe  that  Hel — that 
Saarbrucken  is  guilty.  And  now,  when  all  are  against 


no    THE    MAGISTRATE'S    OWN    CASE 

him,  I  will  not  desert  him.  Later, — later  we  can  talk 
about  it." 

Sir  Longland  shook  his  head.  "  It  does  not  seem 
to  me  either,  Dr.  Sterner,  that  you  in  your  position 
of  examining  magistrate  can  undertake  any  kind  of 
legal  work  for  Mrs.  Saarbrucken,  least  of  all  of  this 
kind.  Perhaps  you  will  consider  it  an  intrusion  on 
my  part  to  say  so,  but  I  really  think  you  cannot  do  it. 
In  England  such  a  thing  would  be  impossible,  abso- 
lutely impossible." 

"  Conditions  are  somewhat  different  here  in  Ger- 
many," said  Sterner  nervously.  "  And  besides,  who 
knows  if  the  court,  when  the  prosecution  has  been 
decided  upon,  will  entrust  me  with  the  investigation 
of  the  case?  " 

Lizzie  seized  this. 
'  Then  you  will  retire,"  she  said  warmly. 

Sterner  shook  his  head. 

"  If  I  am  ordered  to  continue  the  investigation,  I 
shall  continue  it.  Yes,  I  have  even  made  up  my  mind 
to  use  all  my  influence  to  prevent  its  being  given  to 
anyone  else.  I  want  to  see  this  case  through." 

Lizzie's  eyes  dropped. 

Sir  Longland  interposed.  "  I  too  think  it  would  be 
best  for  you  to  complete  what  you  have  begun  so  ex- 
cellently that  I  must  compliment  you  highly  upon  it. 
You  understand,  dear  Mrs.  Saarbrucken,  that  how- 
ever terrible  it  may  be  for  you  personally,  everyone 
must  wish  to  see  this  case  carried  through  and  justice 
done." 


THE    INVESTIGATION  m 

"  Saarbriicken  is  innocent,"  said  Lizzie  firmly; 
"  and  if  with  all  the  money  Cecil  has  left  me  I  could 
buy  his  freedom,  I  would  do  so." 

Sterner  frowned.    *• 

4  That  only  shows  that  you  do  not  know  the  case 
and  that  you  lack  confidence  in  me.  Both  things  I 
excuse  you.  But  if  you  wish  to  postpone  the  negotia- 
tions for  divorce  until  the  trial  is  over,  then  let  it  be 
so.  I  foresee  that  it  will  end  in  a  terrible  sentence 
upon  your  husband,  and  then  your  marriage  will  be 
dissolved  of  itself.  Yes,  I  must  say  that,  even  if  it 
makes  you  shudder.  It  is  the  truth,  and  it  is  our  duty 
as  men  to  look  the  truth  in  the  face." 

Sir  Longland  Hearne  did  not  feel  at  all  comforta- 
ble. He  thought  Sterner  had  very  little  tact.  Good 
heavens!  the  man  was  after  all  Mrs.  Saarbriicken's 
husband.  He  moved  uneasily  in  his  chair  and  wanted 
to  get  out  of  it  all  with  the  very  reasonable  admission 
that  it  would  be  a  long  time  before  they  got  so  far  as 
to  enable  him  to  decide  to  whom  the  legacy  was  to  be 
paid. 

Mrs.  Immermann  came  to  the  rescue  in  time  and 
interrupted  this  painful  conversation  by  offering  her 
guests  coffee,  and  though  Sir  Longland  Hearne 
heartily  detested  this  beverage  he  courteously  ac- 
cepted the  offer. 

It  so  happened  that  Sterner  and  Lizzie  were  left 
alone. 

'  Then  you  won't  give  up  this  case?  "  she  asked 
again,  with  tears  in  her  voice. 


ii2    THE    MAGISTRATE'S    OWN    CASE 

"  No,"  replied  Sterner. 

'  Then  you  are  quite  sure  he  is  guilty?  "  she  asked. 

"  I  am,"  he  answered  slowly  and  conclusively.  "  I 
leave  the  circumstantial  evidence  out  of  the  question. 
Everything  can  be  used  against  a  man  who  is  accused, 
but  the  things  that  confirm  my  suspicion  are  the  facts 
that  do  not  appear  an(x  can  only  be  judged  by  you 
and  me." 

"  What  do  you  mean?  "  she  asked,  looking  at  him 
intently. 

"  It  is  now  three  months  since  you  asked  him  to 
give  you  your  freedom.  You  know  he  was  quite 
willing,  and  it  only  depended  on  formalities.  Then 
came  his  yachting  at  Cowes  and  his  long  visit  to  Far- 
ingdon.  When  he  returned  from  England  he  would 
not  hear  a  word  of  the  divorce.  Lord  Faringdon  had 
told  him  of  the  will  over  their  wine." 

"  Do  you  know  that?" 

*  Yes,  Sir  Longland  Hearne  has  told  me ;  Faring- 
don regretted  it  and  on  that  account  wanted  to  alter 
the  will — you  know,  he  never  intended  to  leave  it  all 
to  you ;  it  was  all  a  joke.  Hearne  dissuaded  him  from 
altering  what  had  once  been  settled.  I  believe  it  was 
out  of  kindness  for  your  mother  and  me,  however 
strange  that  may  sound.  Then  Saarbrucken  began  to 
hatch  the  plot  he  has  now  carried  out.  He's  a  used- 
up,  broken  man  and  a  coward.  You  know  yourself 
that  he  is  what  is  called  a  good  fellow — dissipated, 
and  self-indulgent,  but  apparently  good-hearted;  a 
jovial  companion,  silly  as  long  as  things  go  well  with 


THE    INVESTIGATION  113 

him,  but  as  soon  as  he  is  deprived  of  the  means  of 
providing  for  the  pleasures  that  have  become  a 
necessity  to  him,  absolutely  without  any  moral  re- 
straint whatever.  He  is  a  big,  low  bully,  of  the  type 
that  peoples  the  dangerous  quarters  of  our  towns." 

Lizzie  blushed.  "  You  hate  him " 

"  No,"  interrupted  Sterner  warmly;  "  I  don't  hate 
him.  I  was  deeply  grieved  when  you  lacked  confi- 
dence in  me.  Your  love  ought  to  have  been  so  strong 
that  you  could  have  waited." 

"  Fritz,"  she  said  hotly;  "  don't  let  us  talk  about 
that!" 

"  As  you  please.  I  didn't  hate  him :  I  pitied  you. 
And  when  I  saw  him  at  close  quarters  I  could  not 
understand  how  a  delicate,  charming  creature  like 
you  could  live  with  such  a  bandit." 

Lizzie  shuddered. 

"  Bandit  is  just  the  word  for  him.  Oh,  how  well 
I  know  these  rich  men's  sons!  Spoiled  from  child- 
hood, ruined  before  they  are  grown  up,  they  loaf 
about  as  sportsmen  with  a  string  of  hangers-on  who 
put  up  with  their  brutal  manners  and  spend  their 
money  for  them.  Easy-going,  good-hearted  louts, 
with  no  other  object  in  life  than  drinking  and  killing 
time.  Then  they  tumble  into  business,  get  married, 
make  their  wives  unhappy,  get  divorced,  come  to  the 
end  of  their  fortune,  and  end  as  swindlers  or  worse — 
murderer,  in  this  case.  These  great  good-hearted 
boys,  that  are  not  worth  a  rope  to  hang  them !  Ger- 
many is  full  of  them.  The  type  is  wholly  German. 


H4     THE    MAGISTRATE'S    OWN    CASE 

And  such  a  man  is  your  husband.  Let  us  get  rid  of 
him,  Lizzie.  I  can  do  it,  and  I  will  do  it!  " 

She  kept  her  eyes  fixed  on  the  ground  in  deep 
shame.  "No  —  not  that!"  she  whispered,  shud- 
dering. 

"  False  compassion !  How  many  more  people  shall 
this  fellow  ruin  before  he  is  called  to  account?  Good 
Lord,  so  much  that  is  good  and  noble  comes  to  grief 
without  anyone  holding  out  a  helping  hand,  but  a 
poisonous  fungus  like  this  everyone  will  spare!  It's 
idiotic!  Root  it  out — it's  full  of  poison!  " 

Lizzie  listened  to  him  in  silence;  then  she  raised 
her  great,  deep  eyes  and  said: 

"  I  know  quite  well,  Fritz,  that  with  you  my  wishes 
have  no  weight.  I  do  not  wish  to  talk  about  what  is 
done  with. — No — no — I  will  not.  But,  oh !  I  thought 
I  could  forgive  you  everything — and  now  I  feel  that 
if  you  do  this,  I  shall  never  forgive  you." 

She  turned  rapidly  and  left  the  room  to  join  the 
others. 

When  Dr.  Sterner  soon  afterwards  drove  the 
learned  English  lawyer  back  to  Homburg  on  his  car, 
the  latter  wondered  at  his  legal  discourse  meeting 
with  no  contradiction.  He  put  it  down  to  the  fact 
that  he  understood  German  law  thoroughly — he  had 
studied  for  two  years  at  Heidelberg. 

And  that  made  him  feel  proud. 


CHAPTER    SEVEN 

SIR  LONGLAND  HEARNE  was  exceedingly 
pleased  with  his  new  client.  He  gave  up  his 
plan  of  going  straight  home  and  was  alto- 
gether in  such  an  amiable  mood  that  he  sent  his  card 
by  a  waiter  to  Mr.  Tunstaple  Wells,  solicitor,  in 
No.  55. 

Mr.  Wells,  who  had  been  seeing  Frankfort  to 
some  purpose,  could  hardly  believe  his  eyes,  which 
blinked  a  good  deal  after  the  exertions  of  the  day 
before,  and  gave  audience  as  became  a  radical,  a 
genuine  democrat,  who  by  the  irony  of  fate  found 
himself  representing  a  lord. 

Sir  Longland  was  immensely  affable;  he  took  his 
seat  in  an  armchair  and  crossed  his  legs  with  an  air 
of  easy  familiarity. 

"  My  dear  colleague,  I  was  not  very  communica- 
tive on  the  journey." 

Mr.  Wells  gave  a  grunt. 

"  The  reason  was  that  I  was  afraid  our  inter- 
ests might  come  in  collision;  and,  as  you  know,  I 
dislike  talking  about  a  case  until  I  know  how  it 
stands.  Now  I  know  that  everything  is  in  order. 
I  have  spoken  to  Mrs.  Saarbrucken,  a  charming 

"5 


n6    THE    MAGISTRATE'S    OWN    CASE 

lady,  who  has  accepted  the  helping  hand  I  offered 
her." 

"  Helping  hand,  you  greedy  blood-sucker,  why, 
you'd  skin  her  alive!  "  was  Mr.  Wells  mental  com- 
ment, but  outwardly  he  preserved  a  friendly  smile. 

Sir  Longland  continued:  "  I  beg  you  to  give  my 
respects  to  Lord  Faringdon  and  tell  him  that  we — 
Mrs.  Saarbriicken  and  myself — are  ready  at  all  times 
to  meet  every  reasonable  wish  of  his  lordship's  with 
regard  to  the  settlement  of  affairs." 

"  Isn't  the  lady's  husband  arrested  for  murder?  " 
asked  Mr.  Wells  bluntly — it  was  the  democrat  up- 
permost. 

Sir  Longland  smiled  indulgently:  "Mrs.  Saar- 
briicken is  unfortunate,  but  there  is  no  one  who  would 
venture  to  suspect, her.  Of  that  I  am  convinced." 

"  And  why,  Sir  Longland?  " 

"  Because  I  know  that  his  lordship's  affairs  are  in 
the  hands  of  a  sensible  man  who  will  not  do  anything 
foolish.  Am  I  not  right,  Mr.  Wells?  " 

Mr.  Wells  stuck  his  hands  deep  into  his  pockets 
and  thrust  out  his  stomach.  Mr.  Wells  was  rather 
corpulent  than  the  reverse — a  decided  mistake;  in 
litigation  the  thin  ones  always  come  off  best.  That 
is  proved  by  experience. 

He  growled :  "  What  if  I  apply  to  have  the  lady's 
case  investigated?  " 

Sir  Longland  gave  another  indulgent  smile: 
"  That  is  the  public  prosecutor's  affair,  my  dear  sir. 
The  procedure  here  is  different,  you  know." 


THE    INVESTIGATION  117 

"  Thank  you,"  answered  the  democrat;  "  I  studied 
two  years  at  Heidelberg." 

"  So  much  the  better;  then  you  know  all  about  it. 
It  would  be  no  use.  Besides,  the  question  of  the  in- 
heritance will  be  decided  according  to  English  law ; 
the  testator's  intentions  will  determine  the  court,  the 
papers  are  at  my  office  in  London,  and  I  am  very  well 
satisfied  with  the  status  quo.  My  client  has  applied 
for  a  divorce,  and  even  if  her  husband  should  be 
proved  innocent — as  to  which  I  know  nothing  at  all 
— that  will  hardly  make  her  change  her  mind.  Dr. 
Sterner,  the  magistrate,  has  her  complete  confidence, 
as  he  has  mine,  and  he  will  see  her  through." 

"  And  her  husband,  too,"  interjected  Mr.  Wells. 
"  Only  the  husband  has  to  make  a  little  disgression 
past  the  scaffold  into  penal  servitude." 

"  That  is  more  than  any  of  us  can  tell,"  said  Sir 
Longland,  with  a  pious  expression. 

"Do  you  think  the  man  is  guilty?"  asked  Mr. 
Wells  with  a  sly  wink  in  his  eye. 

Sir  Longland  thought  nothing;  he  only  trusted  that 
the  never-failing  powers  would  clear  the  matter  up. 

Mr.  Wells  became  strongly  persuaded  that  things 
were  far  worse  for  Saarbriicken  than  either  Rosenthal 
or  Schaltz  supposed,  and  at  the  same  time  his  dislike 
of  Sterner  was  redoubled. 

"  Do  you  think  I  ought  to  go  and  see  the  magis- 
trate? "  he  asked. 

"  I  think  so,"  said  Sir  Longland  very  kindly. 
Thereupon  he  invited  Mr.  Wells  to  lunch,  which  the 


n8    THE    MAGISTRATE'S    OWN    CASE 

democrat  accepted,  after  making  the  very  sage  re- 
flection that  to  be  seen  lunching  with  such  a  celebrated 
man  as  Sir  Longland  Hearne  could  do  him  no  harm 
in  a  place  where  three-fifths  of  the  visitors  were  Eng- 
lish. For  he  had  to  remember  that  he  himself  was 
now  a  peer's  lawyer,  though  the  peer  represented  was 
one  of  the  lesser  lights. 

At  lunch  he  was  introduced  to  Dr.  Sterner,  who 
treated  him  with  marked  courtesy,  making  him  feel 
rather  ill  at  ease. 

Very  little  was  said  about  the  Faringdon  case.  The 
magistrate  did  not  expect  to  be  charged  with  the 
further  examination,  and  said  he  was  very  glad  of  it. 

Mr.  Wells  decided  to  keep  his  eye  on  these  two 
bigwigs,  and  it  became  clear  to  him  that,  whether  the 
alliance  with  Rosenthal  were  the  surest  way  to  suc- 
cess or  not,  it  was  anyhow  the  only  course  open  to 
him. 


CHAPTER    EIGHT 

DURING  these  two  days  the  examination  of 
witnesses  went  on.  No  new  evidence  of  im- 
portance was  brought  to  light,  but  Sterner 
continued  laying  more  and  more  stress  on  everything 
that  made  against  Saarbriicken,  and  the  latter  took 
refuge  in  silence  and  obstinacy.   Rosenthal  on  his  side 
was  working  to  get  the  case  put  into  other  hands,  and 
trying  to  persuade  the  President  of  the  assize-court 
to  appoint  a  new  magistrate,  Dr.  Braun,  to  replace 
Sterner. 

There  was  one  point  of  importance.  Everyone 
knew  that  Sterner  had  shown  the  wife  of  the  accused 
great  consideration ;  Rosenthal  guessed  that  there  was 
something  between  them,  but  beyond  that  he  could 
not  go.  With  a  barrister's  power  of  seeing  the  case 
from  his  own  point  of  view  alone,  he  had  succeeded  in 
attaining  to  complete  faith  in  Saarbriicken.  But  he 
felt  that  it  was  no  more  than  faith.  Towards  Sterner 
he  was  very  unfavourably  disposed.  Now  he  had  the 
right,  as  duly  recognised  counsel  for  the  defence,  to 
see  the  prisoner  without  hindrance,  and  he  used  this 
right  in  the  widest  sense. 

Rosenthal,  then,  was  sitting  in  the  prisoner's  cell, 
119 


i2o    THE    MAGISTRATE'S    OWN    CASE 

talking  to  Saarbriicken,  who  was  dull  and  tired,  but 
seemed  to  take  things  calmly,  as  a  man  accepts  the 
inevitable.  They  were  discussing  the  alibi. 

"  My  dear  friend,"  said  Rosenthal,  "  what  you  are 
doing  is  madness.  I  can  understand  your  refusing  to 
answer  the  magistrate,  who  is  no  friend  of  yours. 
But  to  me  you  must  tell  all.  And  you  must  know  that 
I  have  the  right  to  conceal  anything  you  do  not  wish 
disclosed, — indeed  I  am  obliged  to  do  so.  Tell  me, 
then,  where  were  you  that  evening  between  12.20 
and  1.30?  " 

"  Mr.  Rosenthal,"  said  Saarbriicken,  "  I  cannot 
tell  you.  A  lady's  honour  is  at  stake.  Even  to  save 
my  neck,  I  will  not  say  a  word  that  might  compromise 
her." 

This  produced  an  impression  on  Rosenthal.  He 
was  himself  a  gallant  man,  a  little  naive  on  this  point, 
where  real  ladies  were  concerned,  but  at  the  same 
time  inquisitive. 

"  You  may  be  quite  easy  about  telling  me,"  he  said 
in  a  rather  low  voice.  "  I  give  you  my  word  as  a 
lawyer,  more  than  that,  as  a  man  of  honour,  never 
to  breathe  a  word  of  it  until  you  give  your  con- 
sent." 

"  That  I  shall  never  do,"  said  Saarbriicken  decid- 
edly. 

"  Very  well,"  was  the  answer;  "  then  no  one  will 
ever  hear  it;  but  I  must  know  it." 

Then  Saarbriicken  spoke. 

"  There  is  a  lady  concerned,  a  perfect  lady." 


THE    INVESTIGATION  121 

"  Ah,"  said  the  advocate.  At  that  moment  he 
envied  the  prisoner. 

"  This  lady,"  continued  Saarbriicken,  "  as  to  whose 
virtue  no  one  has  any  doubt,  had  conceived  a  strong 
.  .  .  predilection  for  me.  It  was  all  innocent,  en- 
tirely innocent,  but  her  husband  was  inordinately 
jealous.  Well,  yielding  to  my  earnest  entreaties,  she 
at  last  consented  to  meet  me,  on  the  very  evening  in 
question,  at  one  o'clock,  at  a  place  we  both  knew,  a 
pavilion  in  the  Park.  I  went  there,  we  met — for  the 
first  and  last  time.  Next  day  she  left.  I  neither  can 
nor  will  throw  any  shadow  on  this  spotless  lady's 
honour,  or  expose  her  to  her  husband's  wrath,  the 
consequences  of  which  no  one  can  foresee.  You  must 
be  able  to  understand  that." 

Rosenthal  understood.  He  also  felt  some  admira- 
tion for  his  client,  and  it  did  not  even  occur  to  him 
that  this  alibi  was  worth  very  little.  But  it  did  not 
occur  to  him  either  to  investigate  this  matter  more 
closely,  so  natural  did  the  whole  thing  appear  to  him, 
so  correct  did  he  consider  Saarbrucken's  conduct. 

This  man  was  innocent ! 

The  second  important  question  was  that  of  Saar- 
brucken's relations  with  his  wife. 

Rosenthal  asked  questions,  and  Saarbriicken  re- 
plied. 

"  There  must  have  been  an  old  friendship  between 
my  wife  and  Lord  Faringdon.  I  have  never  been  able 
to  find  out  anything  about  it.  Lizzie  is  silent  and 
never  speaks  of  old  days.  I  don't  ask  questions;  I 


122    THE    MAGISTRATE'S    OWN    CASE 

trusted  her.  Marriage  has  not  brought  us  any  nearer 
to  each  other,  on  the  contrary,  it  has  separated  us. 
There  has  been  talk  of  a  divorce,  and  I  am  convinced 
that  Lizzie  was  fond  of  Faringdon  and  wanted  to 
marry  him.  I  see  very  well  that  this  circumstance 
makes  against  me.  I  am  getting  used  to  finding  all 
the  points  against  me.  .  .  ." 

Rosenthal  interrupted: 

"  And  you  were  opposed  to  the  divorce?  " 

"  Absolutely,"  said  Saarbriicken.  "  I  knew  Faring- 
don, and  I  would  not  trust  Lizzie  to  him,  even  if 
other  circumstances  might  induce  me  to  consent  to  the 
dissolution  of  our  marriage.  Besides,  Lizzie  was  not 
honest  with  me.  And  that  is  the  awful  part  of  my 
fate.  I  feel  that  this  man,  who  now  holds  my  destiny 
in  his  hand — this  cold,  hateful  magistrate,  Sterner — 
was  my  wife's  confidant  in  this  matter." 

"  Ah,"  exclaimed  Rosenthal.  "  That's  something. 
How  did  those  two  come  to  know  each  other?  " 

"  I  don't  know,"  said  Saarbriicken;  "  I  only  know 
that  my  wife's  mother  is  at  present  staying  at  Dett- 
weiler's  Sanatorium  at  Falkenstein,  where  my  wife's 
brother  is  a  patient,  and  that  one  of  the  doctors  there 
is  married  to  Sterner's  sister.  She  has  met  Sterner 
there,  but  I  am  sure  she  met  him  long  before  I  knew 
her.  You  see,  they  both  come  from  Kiel." 

Rosenthal  wished  to  investigate  this  more  closely, 
and  he  determined  to  use  the  alliance  with  Mr.  Wells 
to  collect  everything  he  could  which  might  throw 
light  on  this  side  of  the  case. 


THE    INVESTIGATION  123 

"  Keep  your  spirits  up,"  he  said,  as  he  gave  Saar- 
briicken  his  hand.  "  Your  defence  is  in  my  hands; 
treat  this  as  the  inevitable  thing  it  is,  and  trust  in  me." 

Saarbriicken  bowed  his  head  and  said  nothing. 

Rosenthal  then  left  him. 


CHAPTER    NINE 

DR.  STERNER  in  the  course  of  these  few 
days  had  considerably  increased  the  ma- 
terial for  the  prosecution.  He  held  exami- 
nations with  restless  energy,  ascertained  one  fact  after 
another  and  with  a  sure  hand  turned  them  all  against 
Saarbriicken,  so  that  it  was  taken  for  granted  in  com- 
mon talk,  as  well  as  in  the  newspapers  and  telegrams, 
that  Lord  ^Faringdon's  murderer  had  been  caught, 
and  that,  thanks  to  the  magistrate's  penetration  and 
perseverance,  the  case  had  been  sifted  both  rapidly 
and  energetically.  Saarbriicken's  relations  were  as 
though  paralysed ;  and  it  so  happened  that  just  at  this 
time  old  Saarbriicken  was  struck  down  by  an  attack 
of  apoplexy,  which  soon  made  an  end  of  his  life.  His 
son,  who  succeeded  to  the  old-established  business  in 
Hamburg,  had  become  involved  before  his  father's 
death  in  wild  speculations,  and  soon  after  the  news  of 
Helmuth  Saarbriicken's  arrest  and  the  old  man's 
death,  came  tidings  of  a  crash  which  put  an  end  for 
ever  to  the  house  of  Saarbrucken.  This  was  another 
inducement  for  Rosenthal  to  make  more  sure  of  the 
alliance  with  the  Lakings  of  Roxley;  but  Mr.  Wells 

had  been  rather  more  communicative  than  necessary, 

124 


THE    INVESTIGATION  125 

and  it  could  not  be  avoided  that  Sir  Longland  Hearne 
came  to  hear  of  the  campaign  designed  in  a  certain 
quarter  against  the  wife  of  the  prisoner  Saarbriicken, 
with  a  view  to  casting  suspicion  upon  her!  Presages 
and  premonitory  symptoms  of  this  campaign  might 
be  read  in  certain  papers  which  stood  in  connection 
with  the  powerful  financial  family  of  Rosenthal,  and 
Sterner  was  not  ignorant  of  it,  when  Sir  Longland 
Hearne  let  fall  some  words  about  it.  Nor  did  Sterner 
place  any  confidence  in  Schaltz ;  he  had  seen  that  the 
policeman,  whose  conduct  was  otherwise  so  correct, 
held  more  communication  than  was  seemly  with  Isi- 
dor  Rosenthal ;  and  though  this  in  itself  could  not  be 
called  incorrect,  since  the  counsel  for  the  defence  oc- 
cupied an  official  position,  still  Sterner  decided  to  re- 
move Schaltz  little  by  little  from  the  very  important 
and  confidential  position  in  the  case  to  which  his 
seniority  entitled  him,  and  which  he  had  occupied 
from  the  beginning.  This  intention  did  not  escape 
Schaltz,  and  it  acted  as  a  further  inducement  to  him 
to  take  the  side  of  the  defence.  But  a  greater  anxiety 
than  this  to  Sterner  was  the  wife  of  the  accused.  It 
was  his  duty  to  protect  her;  and  while  he  himself 
carefully  kept  her  name  and  her  doings  out  of  the 
documents  of  the  case,  he  had  also  the  task  of  coun- 
teracting all  the  suspicion  that  the  other  side  tried  to 
spread  about  her,  and  not  only  to  counteract  it,  but  to 
annihilate  once  for  all  every  shadow  of  suspicion. 
The  best  person  to  aid  him  in  this  was  herself,  and 
it  was  very  natural  that  he  should  seek  her  help. 


i26     THE    MAGISTRATE'S    OWN    CASE 

His  days  were  fully  occupied,  but  his  evenings  were 
his  own,  and  only  two  days  after  the  visit  he  and 
Hearne  had  paid  to  Falkenstein,  he  went  out  there 
again,  this  time  to  talk  to  her  and  learn  what  she 
thought  and  what  she  wished. 

He  understood  quite  well  that  she  refused  to  think 
of  her  husband  as  a  murderer.  He  understood  too 
that  she  was  just  the  woman  to  consider  it  desertion 
and  treachery  if  she  were  to  proceed  with  the  divorce 
case  while  her  husband  was  under  arrest  for  murder. 
But  he  thought  that,  now  the  ice  was  broken  between 
them  he  would  be  able  by  his  personal  influence  to 
make  her  change  her  mind  and  win  her  over  com- 
pletely to  abandon  the  cause  of  Saarbriicken. 

He  went  to  see  her  at  her  home — she  received 
him,  as  usual,  with  some  embarrassment,  though 
with  far  more  confidence  than  the  last  time  they 
met. 

He  began  at  once  to  speak  of  the  divorce  and  told 
her  openly  that  he  was  not  unacquainted  with  this 
affair,  even  before  the  murder.  He  knew  Lord  Far- 
ingdon,  and  the  latter,  who  was  a  talkative  person, 
had  confided  this  very  question  to  Sterner.  More  than 
that  even ;  the  negotiations  Lord  Faringdon  had  con- 
ducted with  Lizzie,  the  steps  he  had  taken  with  re- 
gard to  Saarbriicken  in  this  matter,  were  the  results 
of  consultations  with  Sterner. 

Lizzie  blushed  when  she  learned  this,  but  Sterner 
treated  these  matters  in  such  a  calm  and  business-like 
way  that  Lizzie  was  gradually  won  over  by  his  quiet 


THE    INVESTIGATION  127 

tone  and  began  to  discuss  the  question  with  him  as 
with  a  friend. 

Sterner  could  feel  that  he  had  gained  ground,  and 
this  gave  him  courage  to  propose  directly  what  she 
had  refused  to  listen  to  at  their  last  meeting. 

But  here  he  met  with  determined  opposition. 

Armed  with  all  the  knowledge  he  had  acquired  as 
magistrate,  he  directed  his  attack  upon  Saarbrucken, 
exposed  the  shamefulness  of  his  motives,  the  baseness 
of  his  whole  conduct,  and  called  him  straight  out  a 
cowardly  murderer. 

But  Lizzie  shook  her  head  and  would  not  be- 
lieve it. 

"  But  you  don't  know  how  the  murder  was  com- 
mitted," she  said. 

"  No  and  yes,"  answered  Sterner.  "  I  am  an  ex- 
amining magistrate  of  some  experience;  you  know  I 
have  been  expert  at  it  since  I  was  quite  young.  You 
know  I  have  always  affirmed  that  it  is  an  art  which 
requires  talent,  like  anything  else  outside  the  ordinary 
run.  You  yourself  have  often  teased  me  about  this 
vanity  of  mine,  as  you  called  it." 

Lizzie  smiled,  and  Sterner  could  see  that  his  words 
called  up  memories  in  her.  This  warmed  him,  he 
thought,  as  it  must  warm  her.  The  bygone  days  were 
no  longer  a  bitter  memory;  without  their  speaking 
of  what  had  passed  between  them,  the  miracle  had 
happened,  which  happens  to  men  and  women  as  to 
the  plants  in  spring,  when  they  seem  to  have  died  in 
the  cold  of  winter.  Little  buds  appear  and  shoot  into 


128    THE    MAGISTRATE'S    OWN    CASE 

leaves — wonderfully  luxuriant  in  the  sun's  warmth; 
what  appeared  to  be  dead  comes  to  life.  Sterner's 
voice  grew  warmer,  his  eyes  dwelt  on  the  face  he 
knew  so  well,  and  all  the  past  rose  again  within  him, 
prompting  his  words  and  giving  his  voice  a  new  sound. 

'  This  talent,  then,  I  believe  I  possess.  I  am  able, 
from  every  little  circumstance,  from  the  words  of 
witnesses,  from  former  experiences,  to  build  up  an 
edifice;  an  edifice  which,  no  doubt,  is  my  own,  but 
which  at  the  same  time  corresponds  pretty  closely 
with  what  has  actually  happened." 

Lizzie  leaned  back  and  smiled  to  herself  as  she 
listened. 

"  But  in  order  to  do  this  one  mus.t  be  quite  sure  of 
one's  materials;  one  must  know  what  there  is,  and 
what  is  made  of  it  in  the  building.  Facts  are  the  tim- 
ber, facts  are  the  nails,  but  the  completed  work  is  due 
to  the  builder's  intelligence. — Well,  I  have  told  you 
all  this  so  often,  you  know — long  ago." 

Lizzie's  face  became  suddenly  serious. 

Sterner  continued:  "  Therefore  I  will  give  you  the 
picture  of  this  deed  as  I  see  it  in  the  edifice  I  have 
built  up,  and  then,  if  you  wish,  you  may  try  to  show 
me  where  in  my  work  of  construction  I  have  made 
use  of  material  which  is  not  taken  from  the  store- 
house of  fact." 

"  I  know  nothing  about  all  this,"  she  said. 

"  Yes,  you  do — and  when  I  have  spoken  I  want  to 
hear  what  you  have  to  say.  But  first  you  must  listen 
to  me. 


THE    INVESTIGATION  129 

"  It  is  a  summer  night,  about  half-past  twelve. 
You  know  the  place,  it  is  the  Curhaus  Park  at  Hom- 
burg,  by  the  cross-roads  in  front  of  the  great  clump 
of  rhododendrons.  A  man  stands  waiting,  ambushed 
behind  the  shrubbery.  He  is  nervous,  restless,  he 
keeps  an  eye  on  the  cross-roads;  he  has  carefully 
chosen  the  place  so  that  he  can  see  a  long  way.  At 
night  a  man  on  the  look-out  can  see  further  than  one 
who  is  going  carelessly  along  the  road.  He  looks  at 
his  watch,  and  although  it  is  dark,  yet  the  summer 
night  is  clear  enough  to  enable  him  to  see  the  posi- 
tion of  the  hands  by  the  twinkling  light  of  the  stars. 
For  he  knows  that  the  man  he  is  waiting  for  will 
come  at  a  certain  hour.  He  has  no  fear  of  his  not 
coming,  for  what  brings  the  other  to  the  spot  is  the 
expectation  of  meeting  a  woman.  The  other  is  a  mis- 
erable fool,  and  this  assignation  is  an  empty  whim, 
but  he  lives  for  nothing  but  his  empty  whims,  he  is 
rich  and  has  no  occupation,  nothing  to  take  up  his 
thoughts,  if  indeed  he  have  any  thoughts  beyond 
purely  instinctive  nerve-action.  The  man  who  is  wait- 
ing knows  that  he  will  come.  He  himself  has  told 
him  to  come  to  this  spot ;  he  has  been  his  messenger  to 
this  woman,  their  go-between,  and  therefore  his  anx- 
iety is  due  more  to  the  fear  of  some  one  else  chancing 
to  appear  than  of  his  victim  failing  him." 

"  How  do  you  know  all  this?  "  asked  Lizzie  in  a 
husky  voice. 

"  I  know  it,"  said  Sterner — "  but  you  must  not  in- 
terrupt me.  He  stands  there  because  he  desires  an- 


1 30    THE    MAGISTRATE'S    OWN    CASE 

other's  death.  His  own  miserable  prosperity  is  at 
stake — the  means  of  continuing  an  existence  to  which 
idleness  and  dissipation  have  brought  him;  an  exis- 
tence he  will  not  abandon,  but  which  he  will  be 
obliged  to  abandon,  because  the  only  thing  that  can 
keep  his  head  above  water  is  gold  easily  come-by — 
his  own  he  has  wasted  long  ago.  The  man  he  is  wait- 
ing for  was  his  friend ;  he  abused  his  friendship,  as  he 
abused  everything  he  came  across ;  he  got  into  debt  to 
this  friend,  and  when  the  friend,  in  a  capricious 
mood,  as  was  his  wont,  claimed  his  own  again — 
claimed  it,  not  because  he  needed  it,  but  because  the 
other  had  refused  to  set  his  wife  at  liberty  and  the 
friend  had  a  kindly  feeling  for  the  wife  and  was 
anxious  to  do  her  a  service — then  he  decided  that  his 
friend  should  die.  You  know  that  this  is  the  truth. 
You  know  that  on  that  very  day  he  had  given  a 
promise,  a  promise  that  he  never  had  any  intention 
of  keeping,  since  the  death  of  his  friend  would  not 
only  free  him  of  a  creditor,  but  at  the  same  time, 
through  his  marriage  with  the  woman  you  know — 
would  make  him  the  owner  of  his  friend's  great 
fortune. 

"  It  was  such  a  plan  as  can  be  conceived  by  a  brain 
that  is  demoralised  by  drink  and  dissipation,  con- 
ceived by  a  man  who  has  lost  his  better  self  in  idle- 
ness and  no  longer  has  the  power  of  opposing  whole- 
some ideas  to  the  criminal  instincts  that  grow  in  all 
of  us  from  the  instinct  of  self-preservation,  and  most 
luxuriantly  where  this  has  become  egoism. 


THE    INVESTIGATION  131 

"  It  was  a  plan  that  was  not  the  result  of  long 
deliberation,  but  the  last  resort  of  a  weak  character, 
formed  at  short  notice  and  carried  out  before  misera- 
ble fear  had  deprived  it  of  its  power,  before  the  wine- 
soaked  brain  had  become  clear  again. — And  this  plan 
was  carried  out.  A  chance  circumstance,  a  passer-by, 
a  carriage,  a  delay  or  a  casual  meeting  might  have 
hindered  it.  But  the  powers  above  did  not  interfere. 
Along  the  road  which  he  was  watching  came  his 
friend,  rapidly,  full  of  expectations  of  the  meeting, 
a  little  anxious,  a  little  uncertain,  but  occupied  only 
by  the  one  idea — he  has  brought  me  a  message  from 
her  that  she  will  expect  me  there. 

"  Then  the  assassin  retires  into  the  bushes — the 
other  does  not  see  him.  Had  he  seen  him,  perhaps  the 
deed  would  have  been  averted,  for  the  assassin  is  a 
coward ;  but  he  is  only  on  the  watch  for  her,  and  as  he 
goes  past  the  little  dagger  gleams  out  from  the  bushes. 

"  A  murder  has  been  committed. 

"  Now  all  is  changed  from  what  it  was  a  moment 
ago;  an  accomplished  fact  has  appeared  from  the 
chaos  of  possibilities,  born  of  accidents,  but  now  be- 
come a  definite  thing,  a  thing  that  will  set  its  mark 
upon  human  actions  and  human  destinies.  The  assas- 
sin glances  about  him,  and  now  he  acts  instinctively, 
rapidly,  because  the  chance  that  before  might  have 
prevented  his  deed,  a  passer-by  or  a  carriage,  would 
now  deliver  him  as  a  murderer  into  the  hands  of 
justice.  He  flings  the  body  into  the  bushes  and  goes. 

"  He  sees  that  a  woman  is  approaching  on  the 


132    THE    MAGISTRATE'S    OWN    CASE 

road  on  the  other  side  of  the  shrubbery ;  he  does  not 
look  up,  but  hurries  on  with  bowed  head,  not  straight 
home  by  the  nearest  way,  but  round  by  circuitous 
paths  so  as  to  put  time  between  his  deed  and  the 
moment  when  he  must  speak  to  his  fellow-men  once 
more. 

"  That  is  how  the  murder  of  Cecil  Laking  was 
committed,  and  he  who  murdered  him  was  Helmuth 
Saarbriicken !  " 

Sterner  ceased  speaking. 

Lizzie  sat  gazing  before  her;  her  cheeks  were 
burning,  her  eyes  were  fixed  on  empty  space,  as 
though  she  were  trying  to  picture  to  herself  the  scene 
he  had  just  described  in  words. 

Sterner  dropped  into  a  lighter  tone. 

"  In  the  old  days  you  used  to  call  me  a  poet  of 
crime — don't  you  remember?  Well,  perhaps  you 
were  right.  And  now,  with  your  bright,  clear  eyes, 
you  must  see  and  point  out  to  me  where  I  have  let 
what  you  call  my  lyrical  sense  carry  me  away  from 
the  solid  earth  into  the  clouds — where  poets  soar." 

She  looked  at  him,  and  a  tone  of  sadness  came  into 
her  voice. 

"  My  bright  eyes,  Fritz,  are  darkened — and  I  can- 
not see  clearly  any  more — sorrow  has  spread  a  cloud 
before  my  eyes.  Oh,  how  much,  how  much  is 
changed  since  we  last  talked  together  as  we  are  talk- 
ing this  evening !  " 

Sterner  bowed  his  head;  then  looked  up  with  a 
sharp,  rapid  glance. 


THE    INVESTIGATION  133 

"  Try,  Lizzie — you  begged  me  to  spare  him,  you 
begged  me  to  stand  aside;  very  well,  I  am  going  to 
give  you  a  chance.  Tear  up  the  picture  I  have  drawn 
for  you,  tear  it  to  tatters;  show  me  that  in  building 
up  my  edifice  I  have  used  materials  that  were  not 
brought  from  what  I  called  the  store-house  of  fact, — 
or  if  you  cannot  do  that,  then  let  me  pull  the  edifice 
to  pieces  bit  by  bit,  and  show  you  step  by  step  where 
I  have  found  the  facts  that  made  it." 

She  nodded. 

;'  The  place  is  certain  enough,"  Sterner  went  on. 
'  They  found  the  body  there,  it  cannot  have  been 
brought  there  from  another  place.  It  has  not  been 
dragged  along,  the  clothes  prove  that.  The  marks  of 
blood  on  the  clothes,  the  position  of  the  body,  every- 
thing, in  short,  bears  witness  that  what  took  place 
was  only  a  sudden  jerk,  a  throw,  not  a  long  and  diffi- 
cult dragging.  With  this  in  view,  I  have  instituted 
far-reaching  investigations,  and  the  doctors  agree 
with  me  on  this  point.  The  traces  found  on  the  grass- 
border  are  also  clearly  in  favour  of  this  conclusion. 
There  are  a  few  deep  marks,  deep  prints  of  a  man's 
feet,  and  no  blood — this  question  admits  of  no  doubt. 

"  Nor  is  there  any  doubt  about  the  weapon  used, 
or  the  way  it  was  used,  how  the  blow  was  struck — all 
these  points  were  fully  ascertained  at  the  post-mor- 
tem examination. 

"  As  to  Lord  Faringdon's  person  there  is  no  doubt 
either ;  and  that  he  went  to  an  assignation  I  know." 

She  interrupted:  "  You  know  that?  " 


134    THE    MAGISTRATE'S    OWN    CASE 

"  Yes,"  said  Sterner;  "  I  know  it.  He  told  me  that 
himself ;  he  told  me  himself  that  Saarbriicken  was  his 
go-between  with  the  woman  he  was  to  meet,  or 
thought  he  was  going  to  meet." 

"  Who  was  it?  "  asked  Lizzie. 

"  I  don't  know — these  rakes  and  idlers  are  so 
chivalrous,  you  see.  A  lady's  name !  It  is  sacrilege  to 
mention  it,  but  it  is  quite  gentlemanly  conduct  to 
violate  the  rights  of  matrimony  or  to  practise  decep- 
tion on  another  man.  They  have  their  own  code, 
these  noblemen,  their  code  of  honour,  as  they  call  it." 

"  And  you  have  no  idea  who  it  was?  " 

Sterner  shrugged  his  shoulders.  "  There  are  plenty 
of  women  who  would  meet  a  man  like  that.  Here  in 
this  society  of  useless  drones  the  amusement  they  call 
flirtation  flourishes;  here  pleasure-seeking  men  and 
women  assemble  from  all  parts  of  Europe  to  lead 
what  is  called  fashionable  life — the  life  out  of 
which  the  industrious  people  of  Homburg  get  their 
living  and  which  they  would  not  see  done  away  with 
for  anything,  because  it  is  what  supports  them.  How 
do  you  expect  me  to  be  able  to  pick  out  from  among 
all  these  commonplace,  over-dressed  women  the  one 
whose  name  was  made  use  of  that  evening — for  we 
cannot  even  be  sure  that  she  thought  for  a  moment 
of  going  any  further  than  what  she  would  have  con- 
sidered innocent  flirtation.  And  Lord  Faringdon's 
code  of  honour,  which  forbade  him  to  mention  her 
name,  must  also  have  forbidden  him  to  let  anyone 
but  his  pander  know  what  there  was  between  them. 


THE   INVESTIGATION  135 

On  this  point  Saarbriicken  alone  can  furnish  informa- 
tion ;  I  have  tried  to  make  him  speak,  but  he  is  silent 
— perhaps  because  his  code  of  honour  is  the  same  as 
that  of  his  murdered  friend.  On  these  matters  we 
bourgeoise  people  have  much  to  learn." 

"  But  if  you  knew  this,  you  must  have  spoken  to 
Cecil  on  the  very  day — perhaps  on  the  very  evening." 

Sterner  frowned.  "  Keep  me  outside  it,  Lizzie.  I 
could  tell  you  more  if  I  wished,  but  I  know  that  you 
will  '  fight '  to  save  him — you  have  told  me  so  your- 
self. People  often  fight  for  things  that  are  worth  un- 
speakably little.  Therefore  I  cannot  take  you  wholly 
into  my  confidence.  .  .  ." 

"  I  do  not  wish  to  be  importunate,"  she  said  curtly. 
"  It  was  you  who  came  to  me,  not  I  who  came  to 
you." 

"  Lizzie,"  he  said  warningly,  "  you  are  not  speak- 
ing like  yourself.  But  you  must  understand  me.  I 
want  to  give  you  an  opportunity  of  saying  all  that  a 
good  woman,  whose  mind  is  pure,  can  say  about  what 
I  told  you.  On  the  points  I  have  mentioned  at  present 
you  have  nothing  to  say.  It  is  a  question  now  of  how 
much  I  know.  I  know,  for  one  thing,  that  Saar- 
briicken was  seen  that  evening  at  that  spot.  It  was 
not  I  that  saw  him.  It  was  a  witness,  a  woman 
named  Nathalia  Stolzi,  who  was  in  service  at  the  cot- 
tage near  the  scene  of  the  murder,  who  states  that  she 
saw  him. — I  might  have  doubted  that;  I  never  trust 
implicitly  to  what  others  have  seen ;  I  know  that  un- 
fortunately witnesses  are  often  mistaken.  But  since  I 


136    THE    MAGISTRATE'S    OWN    CASE 

know  that  Lord  Faringdon  had  received  from  Saar- 
briicken  a  message  about  the  assignation,  which  may 
have  been  for  some  other  place  along  the  same  road 
— then  I  no  longer  have  my  doubt  about  his  being 
there.  She  was  not  there — whether  she  ever  had  any 
intention  of  being  there  I  don't  know,  since  I  don't 
know  who  she  is.  But  this  point  too  I  have  tried  to 
clear  up — and  have  not  succeeded." 

'  Then  you  have  no  idea  who  this  woman  is?  " 
"  No,"  said  Sterner.  "  My  first  thought  was  of 
the  Italian  lady  who  was  living  at  the  cottage.  It 
seemed  the  more  probable  as  she  and  her  husband 
left  the  day  after  the  murder.  If  they  had  been  there 
I  should  certainly  have  examined  them  both,  and  her 
in  particular  I  should  have  cross-examined  very 
thoroughly.  They  have  gone  away,  I  don't  know 
where ;  I  have  made  enquiries  about  them  in  the  town 
they  live  in,  and  this  very  day  have  received  such  in- 
formation that  I  do  not  care  to  set  in  motion  all  the 
machinery  of  the  law  to  have  them  found.  But  my 
— I  can't  call  it  suspicion,  but  let  me  say  curiosity  has 
not  for  that  reason  been  lulled  to  sleep.  I  shall  do 
what  I  am  able  to  find  out  what  there  is  to  find  out. 
But  this  is  an  unimportant  point;  the  whole  thing  was 
only  a  pretext.  I  cannot  use  the  name  of  these  people, 
if  for  no  other  reason  than  because  I  believe  it  to  be 
of  no  importance  to  the  question  that  has  to  be  de- 
cided here:  the  question  of  Saarbriicken,  the  perpe- 
trator of  the  deed. 

'  The  inner  facts,  his  motives,  you  know  as  well 


THE    INVESTIGATION  137 

as  I  do ;  and  it  is  not  worth  while  now  to  dwell  upon 
the  smaller  outward  facts.  The  picture  is  burnt  in 
upon  my  brain,  I  can  tell  you — speak  if  you  wish.  I 
don't  believe  you  can  erase  its  letters  of  fire." 

Sterner  ceased,  and  Lizzie  shook  her  head. 

"  And  yet,  in  spite  of  all  this,  you  really  know 
nothing,"  she  said.  "  So  much  may  have  happened 
that  you  cannot  guess,  that  you  have  no  idea  of ;  and 
so  much  may  have  happened  differently — it  is  impos- 
sible for  you  to  follow  it  all.  You  were  not  there — 
you  have  seen  nothing." 

Sterner  smiled. 

"  Is  that  all,  Lizzie?  Can't  you  find  any  objection 
at  all  to  make,  can't  you  attack  my  conclusions  on  a 
single  point?  This  is  much  too  easy  a  victory  for  me. 
And  you  were  saying  that  you  would  '  fight '  to  save 
him!" 

She  raised  her  head  and  looked  at  him  with  the 
pure,  frank  eyes  he  knew  so  well. 

"  I  know  very  well  that  I  don't  know  people's 
thoughts,  and  especially  their  evil  thoughts,  as  you 
do.  Still,  I  know  this  man — no,  you  mustn't  frown — 
he  is  my  husband.  It  is  true  that  I  have  wished  to  be 
freed  from  my  marriage  tie,  that  I  still  wish  to  be 
freed,  as  soon  as  he  is  out  of  danger.  It  is  true  that 
he  has  acted  disgracefully  towards  me,  more  dis- 
gracefully perhaps  than  I  am  aware  of.  You  were 
right  in  what  you  said  when  we  met  this  evening. 
But  I  too  am  to  blame,  I  married  him  without  affec- 
tion— I  did  not  love  Helmuth  Saarbriicken  when  . 


138    THE    MAGISTRATE'S    OWN    CASE 

She  stopped  suddenly. 

Sterner  said  nothing,  but  his  eyes  were  fixed  on 
her,  and  she  lowered  hers. 

She  spoke  again,  rather  breathlessly,  rather  rap- 
idly, as  though  she  were  trying  to  cover  her  confusion 
by  saying  something. 

'  You  must  admit  that  you  know  nothing,  that  you 
bear  a  grudge  against  him,  that  you  are  not,  as  a 
judge  should  be,  impartial  and  outside  the  whole 
affair." 

Sterner  interrupted  her : 

"  For  the  sake  of  my  duties,  for  the  sake  of  my 
call — and  to  me  it  is  a  call — I  have  sacrificed  more 
than  you  can  guess.  You  have  no  right  to  say  to  me 
that  I  am  not  as  a  judge  should  be.  I  am.  I  am  not 
speaking  of  my  feelings  towards  this  man.  I  feel 
nothing,  not  even  disgust,  much  less  a  grudge  or 
hatred.  He  is  in  my  hand,  and  I  can  convict  him. 
Nothing  can  save  him  if  I  take  up  this  case ;  I  know 
that.  And  you  want  me  to  let  it  go.  You  have  claims 
upon  me,  claims  which  I  can  never  wholly  satisfy,  be- 
cause I  have  done  you  wrong.  As  your  friend — as 
more  than  your  friend,  I  will  do  everything  in  my 
power  for  you.  But  you  must  not  ask  me  to  shirk  my 
duty." 

"  Duty !  "  she  interposed.  "  I  am  not  talking  of 
your  duty.  You  say  yourself  that  you  can  retire  from 
the  case;  but  if  you  can  retire,  then  it  cannot  be  your 
duty  to  remain  in  it.  .  .  ." 

"  Even   if  your   future,   your  happiness   were   at 


THE    INVESTIGATION  139 

stake,  Lizzie,  Saarbriicken  is  not  the  only  one  con- 
cerned in  this  case;  it  concerns  you  too.  Your  name, 
your  pure,  innocent  self  shall  not  be  dragged  into  all 
the  foulness  and  misery  that  clings  like  a  slimy  weed 
to  such  a  deed.  Lizzie,  you  shall  not  be  dragged  into 
this  filthy  tangle  before  the  gaping,  inquisitive  crowd. 
I  can  stop  that,  and  I  alone.  I  will  protect  you  from 
yourself.  I  will  force  this  wretch  to  his  knees,  I  will 
wring  from  him  the  confession  of  his  cowardly  deed, 
that  with  one  word  will  clear  up  the  case  and  make  it 
short.  Can't  you  see  that  all  the  slimy  octopus-arms 
that  stretch  themselves  out  from  such  a  case  as  this 
have  been  seeking  for  you  to  drag  you  into  it  ?  You, 
the  heiress  to  the  murdered  man's  money,  you  who 
have  never  given  money  a  thought  for  your  own  sake 
—you,  who  have  always  lived  for  others.  And  then, 
Lizzie — I  myself!  " 

She  raised  her  head:  "  You?  " 
'  Yes,  I. — Why  do  you  think  I  have  come  out 
here  in  the  past  week,  since  you  have  been  here  ?  Why 
have  I  sought  you,  who  avoided  me,  not  because  you 
were  angry  with  me,  but  because  you  .  .  ." 

She  stood  up. 

"  Fritz,"  she  said,  "  not  a  word  of  that  now." 

"  As  you  will,"  said  he.  "  But  to  protect  you  I 
shall  keep  a  firm  hold  on  this  case ;  nothing  shall  hap- 
pen but  what  I  will;  and  the  others,  Rosenthal  and 
the  hungry  Englishman,  shall  have  no  chance  of 
founding  their  defence  of  the  miscreant  on  an  attack 
upon  you." 


140    THE   MAGISTRATE'S    OWN    CASE 

"  How  do  you  know — ?  "  she  asked. 

"  That  they  will  do  that?  I  know  it  from  Hearne. 
Hearne  is  a  clever  man,  he  talks  a  lot  of  law,  but  less 
gossip  than  the  other,  the  plebeian  Wells ;  but  never- 
theless he  hears  a  good  deal.  No,  before  the  decision 
as  to  who  shall  conduct  the  investigation,  while  the 
case  is  still  fresh,  it  shall  be  settled — and  settled  by 
me." 

"  And  you  won't  promise  me  to  retire?  " 

She  looked  at  him  beseechingly. 
'  You  won't  promise  me,  when  I,  who  never  ex- 
pected to  have  to  ask  you  anything,  beg  you  so  im- 
ploringly? " 

'  Yes,  Lizzie,"  he  said,  "  I  will  retire  the  mo- 
ment I  feel  myself  that  I  am  not  the  right  man 
to  conduct  the  case.  I  promise  you  that — at  that 
moment  I  shall  retire.  But  you  must  not  expect  it 
to  happen,  nor  must  you  hope  for  it,  if  you  have 
.  .  .  friendship  for  me." 

She  said  nothing. 

Sterner  rose.  "  It  is  late,"  he  said;  "  and  I  have  a 
lot  of  things  to  see  to." 

She  made  no  attempt  to  detain  him. 


CHAPTER    TEN 

THE  examination  of  the  prisoner  Saarbriicken 
which  Dr.  Sterner  held  the  day  after  his 
visit  to  Cronberg  will  long  be  remembered 
in  the  legal  annals  of  the  good  town  of  Homburg. 
The  advocate  Rosenthal  was  summoned,  but  did  not 
appear;  however,  he  had  instructed  police-commissary 
Schaltz  to  be  there  and  to  take  in  everything. 

Schaltz  was  present  in  his  official  capacity;  he  sat 
in  the  assistant's  high-backed  chair,  motionless,  stiff 
and  straight  as  a  figure  on  the  base  of  a  Kaiser  Wil- 
helm  monument. 

It  was  an  examination  that  lasted  for  eighteen 
hours ! 

Sterner  went  through  the  case  from  the  beginning, 
point  by  point.  Saarbriicken  received  permission  to 
sit  down,  was  removed  while  some  chance  witnesses 
were  heard,  was  brought  back  again  and  listened  to 
the  reading  of  their  evidence. 

Evening  came. 

Then,  after  a  short  pause  during  which  he  took  a 
few  mouthfuls  of  food,  Sterner  began  the  regular 
examination.  And  it  was  this  that  made  Schaltz 
shudder. 

141 


142    THE    MAGISTRATE'S    OWN    CASE 

Sterner,  as  usual,  was  calm,  taciturn,  and  his  eyes 
shown  through  his  glasses,  stern  and  cold;  but  that 
evening  a  slight  flush  burned  in  his  cheeks,  and  his 
hand  shook  a  little  when  he  wrote  a  chance  word  or 
sentence  on  the  paper  that  lay  before  him. 

Sterner  would  overcome  Saarbriicken's  opposition; 
he  leaned  back  in  his  chair,  while  his  cold  eyes 
searched  the  face  of  the  prisoner  standing  before  him. 

Saarbriicken  stood. 

Schaltz  felt  that  the  struggle  was  unequal.  Before 
the  magistrate  stood  this  tall  man,  not  yet  accustomed 
to  the  atmosphere  and  life  of  prison,  but  cowed  by 
detention  under  iron  rules  and  strict  discipline.  The 
spoilt  rich  man's  son  placed  where  life's  sunshine 
never  is  seen,  where  it  is  cold  and  the  soul  shudders. 
He  was  pale,  his  eyes  blinked  uneasily,  his  voice 
sounded  low  like  a  muted  violin.  It  seemed  as  though 
he  had  only  the  one  word  No  left,  and  yet  it  was  his 
enemy's  object  to  force  another — Yes — from  his  lips. 

There  sat  Sterner,  throned  in  his  authority,  lord 
of  life  and  death — free  to  adjourn  when  he  wished, 
free  to  go  where  he  liked,  armed  by  the  might  of  his 
office,  sure  of  his  case,  certain  that  the  path  he  was 
following  was  the  right  one,  firmly  determined  not 
to  leave  off  before  the  No  was  turned  into  a  Yes. 

His  will  strained  his  muscles,  he  caught  every  ac- 
cent, every  quiver  of  the  prisoner's  voice.  This  man 
must  be  able  to  see  into  his  victim's  brain,  to  see  where 
the  Yes  and  the  No  were  fighting  in  the  last  struggle 
to  save  his  life — a  life  that  now  consisted  of  days  of 


THE    INVESTIGATION  143 

disconsolate  inactivity  and  nights  of  sleepless  unrest 
between  naked  walls  behind  prison  gratings. 

Did  Sterner  then  believe  that  this  man  was  the 
murderer? 

Schaltz  shuddered. 

Sterner  gathered  himself  for  the  great  effort;  he 
would  ride  down  suspicion,  like  a  knight  in  clanking 
armour  brandishing  the  sword  of  justice. 

He  spoke  shortly  and  was  sparing  of  words.  It 
was  the  same  thing  as  before :  circumstance  linked  to 
circumstance,  a  firm  edifice  built  up  of  clear  thought, 
while  his  eyes  gleamed  like  steel  blades.  But  Schaltz 
could  see  that  he  could  not  accomplish  what  he  de- 
sired. His  anger  was  rising.  Before  him  stood  this 
man,  tall  and  powerful  but  sallow  and  dull,  whose 
only  word  was  No.  And  this  No  became  a  wall  upon 
which  every  attack  was  shattered,  beaten  off  again 
and  again.  It  was  not  defiance;  better  if  it  had  been, 
a  granite  wall  of  defiance  that  would  strike  sparks 
from  the  weapon  of  the  assailant.  But  it  was  silence, 
heavy,  unresisting  silence,  upon  which  no  impression 
could  be  made. 

Hour  after  hour  went  by,  and  the  Town  Hall  clock 
struck  its  slow,  hesitating  strokes.  Sterner's  anger 
was  rising,  it  grew  beyond  his  control,  enveloped  him 
in  clouds  so  that  he  no  longer  saw  clearly.  And  now 
he  could  understand  how  judges  in  the  old  days  sent 
for  the  torturer,  had  the  prisoner  stretched  upon  the 
rack  while  the  hangmen's  men  turned  the  screws  till 
his  limbs  cracked  and  broke,  while  spikes  were  driven 


H4     THE    MAGISTRATE'S    OWN    CASE 

into  his  flesh,  which  was  torn  and  slit  till  the  blood 
ran  over  the  edge  of  the  rack  upon  the  floor,  thick, 
loathsome  and  slippery. 

There  must  be  an  end  to  this. 

Sterner's  voice  was  thick,  he  no  longer  spoke,  he 
whispered  the  words.  Everything  had  vanished,  his 
conclusion,  all  his  circumstantial  evidence,  all  his 
postulates.  Nothing  was  left  but  this:  Confess  that 
you  are  Lord  Faringdon's  murderer. 

The  hours  went  by.  At  last  Sterner  remained 
silent  for  a  quarter  of  an  hour  at  a  time;  then  he 
would  look  up  and  whisper,  with  a  piercing  glance 
into  the  prisoner's  eyes,  which  wandered  listlessly 
about  the  room:  "  Confess  that  you  are  Lord  Faring- 
don's murderer!  " 

And  again  the  hours  went  on. 

Now  it  was  only:  Confess — will  you  confess? 
Nothing  more. 

Saarbrucken  stood  as  though  riveted  to  the  floor. 
He  no  longer  thought  at  all,  he  scarcely  felt.  He 
wondered  himself  why  he  did  not  fall  to  the  ground, 
lie  down  on  the  floor.  But  he  did  not;  he  did  nothing. 

But  there  must  be  an  end  to  it — there  must  be  an 
end.  And  if  he  stood  a  little  while  longer,  perhaps 
he  would  fall  without  being  able  to  help  it,  and  then 
they  would  carry  him  away.  His  life  was  at  stake. 

But  he  stood — he  stood  while  the  clock  struck  its 
dragging  strokes  hour  after  hour,  and  the  whispered 
suggestion  came  again  and  again :  Confess — confess. 

Now  he  no  longer  knew  what  it  was  he  had  to  con- 


THE    INVESTIGATION  145 

fess;  all  had  gone  from  him,  all  the  past,  everything 
that  had  happened  till  now — it  was  all  gone. 

But  the  night  was  wearing  away. 

Then  Sterner  sprang  up,  sent  for  the  gaoler  and 
made  him  lead  the  prisoner  quickly  up  and  down  the 
room,  brutally,  so  as  to  shake  the  drowsiness  out  of 
him,  while  he  himself  walked  backwards  and  for- 
wards before  the  bar  with  uneasy  haste. 

It  must  be  finished — he  had  given  his  word  that  it 
was  to  be  the  last  examination. 

Then  he  stood  before  Saarbriicken,  as  though 
gathered  for  a  spring;  his  voice  grated  harshly  and 
sharply  in  the  silence  of  the  room. 

"  I've  had  enough  of  this,  Mr.  Saarbriicken.  Now 
I'll  make  you  confess.  Step  by  step  I've  brought  out 
the  facts  against  you,  wrung  from  you  word  by  word 
the  indications  of  your  crime.  Now  I'll  have  you  con- 
fess. I  have  spoken  calmly,  sharply,  angrily,  gently 
and  quietly.  You  won't?  You  think  you  can  oppose 
dull  defiance  to  my  will.  You  are  mistaken,  Saar- 
briicken, and  I  shall  show  you  that  you're  mistaken. 
This  examination  has  lasted  for  ten  hours,  and  you 
think  that  if  only  you  keep  silence  I  shall  be  tired  out 
and  let  you  go.  But  you're  mistaken.  ...  I  do  not 
tire.  I  am  strong  and  I  shall  stay.  You  are  reeling 
with  fatigue,  you're  hungry,  you're  thirsty.  Very 
good.  You  shall  reel,  you  shall  suffer  hunger  and 
thirst,  and  even  if  you  fall  senseless  to  the  ground,  I 
shall  have  you  supported  by  these  men.  You  shall  not 
leave  this  place  until  you  have  confessed  your  crime. 


146    THE    MAGISTRATE'S    OWN    CASE 

Your  life  is  forfeited  to  justice.  Whether  you  die 
now  or  later  is  of  no  importance — but  you  shall  not 
leave  this  place  until  you  have  spoken — you  hear." 

"  This  is  torture,"  Schaltz  muttered  between  his 
teeth. 

Saarbrucken  tottered,  but  the  gaoler  stepped  up 
and  supported  him,  pushing  him  against  the  bar. 

Sterner  brought  his  face  near  the  prisoner's:  "  Do 
you  hear? — you  shall  not  leave  this  place  until  you 
speak — or  die." 

Schaltz  clenched  his  hands  till  the  nails  entered  his 
flesh. 

But  a  glimmering  thought  rose  up  in  Saarbriicken's 
head,  uncertain  and  faint  in  outline. — It  seemed  to 
be  bursting  his  brain,  it  made  him  mad;  he  must  get 
rid  of  it,  he  must  purchase  rest. — He  felt  that  for 
one  single  moment  he  must  be  free. 

He  took  a  step  backwards — threw  back  his  head 
and  stepped  so  that  it  pained  his  knees  and  ankles. 

'Torturer,"  he  exclaimed  hoarsely — "torturer! 
Is  it  Lizzie  who  is  making  you  hunt  me  to  death? 
Take  her  and  be  damned,  and  leave  me  in  peace." 

It  was  the  first  time  Lizzie's  name  had  been  men- 
tioned in  any  of  the  examination. 

Sterner  shrank  back. 

Schaltz  was  listening  intently. 

Sterner  pulled  himself  together,  turned  sharply 
round  and  threw  himself  into  the  magistrate's  chair. 

For  a  few  minutes  there  was  a  deep,  breathless 
silence. 


THE    INVESTIGATION  147 

Then  Sterner  spoke  again,  quietly,  in  a  business- 
like tone,  but  sharp  as  a  needle. 

"  Do  you  wish  this  outburst  added  to  the  docu- 
ments? I  must  point  out  to  you  that  you  have  the 
right  to  do  so.  Do  you  wish  to  have  added  to  the  case 
all  that  has  passed  between  you  and  your  wife — to 
have  it  all  told  to  the  gaping  mob?  If  you  wish  it, 
your  wish  shall  be  fulfilled.  I  have  kept  your  wife 
outside  this  case.  It  depends  upon  you  whether  she 
is  to  be  dragged  into  it  or  not. 

"  I'm  quite  ready  to  begin  over  again." 

Sterner  picked  up  the  documents  that  were  lying 
before  him  on  the  table. 

'  There  are  women  enough  named  in  these  papers. 
Women  enough  whose  names  throw  light  upon  your 
life.  There  are  women  enough  named  here  who 
throw  light  upon  him  whom  you  murdered,  and  the 
life  you  led,  while  she,  your  wife,  was  chained  to  you 
and  could  not  obtain  her  freedom,  in  spite  of  her 
prayers.  If  your  last  resource  is  to  bespatter  her — 
very  well.  You  shall  have  your  will." 

Saarbriicken  drew  a  quick,  panting  breath. 

Sterner  was  sitting  back  in  his  chair  and  playing 
with  his  glasses. 

But  the  atmosphere  of  the  room  was  relieved — the 
sweat  broke  out  upon  Schaltz's  forehead  and  his 
hands  unclenched  themselves. 

The  spell  was  broken. 

Once  more  it  was  men  who  were  speaking. 

Schaltz  turned  and  looked  at  Sterner.  His   face 


148    THE    MAGISTRATE'S    OWN    CASE 

was  as  before,  but  his  lips  quivered,  and  his  eyes  were 
not  so  firm. 

So  there  was  a  contest  between  these  two  men — a 
contest  for  a  woman. 

Saarbriicken  spoke  again — drawling  a  little,  in  a 
far-off  tone,  but  clearly. 

'  You  wish  it  so,  not  I.  All  this  is  your  work,  not 
mine ;  leave  me  in  peace.  I  am  innocent.  Let  the  facts 
decide. — I — will — not — speak." 

Sterner  rose — took  up  the  papers — went  to  the 
back  of  the  room,  turned  sharply  and  stared  at  Saar- 
briicken. 

4  Very  well,  then  tell  me  at  any  rate  where  you 
were  that  night  between  10.20  and  1.30.  You  have 
hitherto  refused  to  answer  that  question.  Answer  it 
now,  and  I  have  done." 

"  I  shall  not  say,"  was  the  brief,  hoarse  answer. 
'  You  were  with  a  mistress." 

Saarbriicken  made  no  reply. 

Sterner  again  stood  before  him,  spoke  right  in  his 
face,  whispering,  so  that  Schaltz  scarcely  heard  his 
words. 

4  You  enticed  him  to  an  assignation  with  her!' 

Saarbriicken  turned  pale  and  tottered. 

Then  he  said  hoarsely,  finding  the  words  with  diffi- 
culty: "Do  what  you  will — my  lips  are  closed — 
closed  till  death." 

Schaltz  stared  at  Sterner. 

The  magistrate  took  a  step  back;  it  seemed  as 
though  his  muscles  were  relaxed,  it  was  as  though  an 


THE    INVESTIGATION  149 

entirely  new  resolution,  an  entirely  new  plan  came 
upon  him. 

He  was  at  that  moment  miles  away  from  the  scene, 
and  it  seemed  as  though  everything  became  new  to 
him. 

There  was  deep  silence  in  the  room. 

Then  Sterner  closed  the  examination  and  ordered 
the  gaoler  to  remove  the  prisoner  to  his  cell. 

Schaltz  stared  open-mouthed  at  Sterner,  as  the  lat- 
ter, without  saying  a  word,  left  the  room  with  a 
light,  rapid  step. 

Day  was  now  dawning. 


CHAPTER    ELEVEN 

DR.  STERNER  presented  himself  at  the 
High  Court  and  asked  to  see  the  Chief  Jus- 
tice. He  was  immediately  admitted. 

The  tall,  old  judge  courteously  asked  him  to  be 
seated;  Sterner's  prestige  was  great,  his  capability 
was  universally  recognised. 

"  I  wish  to  speak  about  my  position  with  regard  to 
Saarbriicken's  case,"  said  Sterner.  "  I  know  that 
serious  attempts  have  been  made  by  the  defence  to 
have  me  removed  from  the  position  of  examining 
magistrate  in  this  case." 

The  Chief  Justice  hastened  to  protest:  "  Here  we 
have  always  taken  your  part,  and  it  is  an  understood 
thing  that  you  and  no  one  else  shall  carry  the  exami- 
nations to  an  end." 

Sterner  bowed.  "  I  thank  you  for  that  mark  of 
confidence.  Perhaps  it  will  astonish  you  to  hear  that 
it  is  precisely  to  give  up  the  case  that  I  have  come. 
I  wish  to  retire." 

The  Chief  Justice  gave  a  start. 

"What!  You  wish  to  give  up  such  a  celebrated 
case — one  that  has  attracted  the  attention  of  all  Ger- 
many— of  all  Europe?  a  case  in  which  you  have 

150 


THE    INVESTIGATION  151 

already  distinguished  yourself  by  collecting  a  mass 
of  evidence  that  makes  confession  superfluous,  that, 
in  fact,  decides  the  case  beforehand?  " 

Sterner  shrugged  his  shoulders.  "  I  endeavoured  yes- 
terday to  add  the  final  stone  to  my  work;  I  fought  for 
the  confession  and  did  not  get  it.  On  the  other  hand, 
for  the  first  time  in  my  career  as  magistrate,  I  heard 
myself  called  by  the  prisoner  an  interested  party." 

The  Chief  Justice  laughed.  "  And  you  let  that 
trouble  you — the  cold  Sterner,  as  you  are  called.  If 
there  is  any  magistrate  to  whom  such  a  thing  must  be 
indifferent,  it  is  you." 

"  There  is  a  grain  of  truth  in  it,  and  therefore  I 
wish  to  withdraw.  Don't  misunderstand  me, — only  a 
grain  of  truth.  I  take  the  deepest  interest  in  the  wife 
of  the  accused.  I  know  her;  at  first  I  acted  somewhat 
precipitately  with  regard  to  her.  Now  I  know  her 
better.  She  places  full  reliance  on  me.  She  is  in  need 
of  support,  and  her  English  adviser  has  honoured  me 
with  his  confidence." 

"  And  for  these  reasons  you  will  desert  your  official 
duty,"  said  the  Chief  Justice  in  a  rather  bitter  accent. 

Sterner  at  once  rejoined:  "  I  beg  your  pardon.  It 
was  my  own  wish  to  have  the  case  to  deal  with — I  ac- 
knowledge that  the  court  has  given  me  much  support, 
but  there  was  a  moment  when  you  too,  sir,  made  sug- 
gestions as  to  my  retiring.  Mr.  Rosenthal  has  no 
doubt  stated  a  great  many  weighty  reasons.  Mr. 
Rosenthal  is  a  particularly  clever  and  eloquent  man. 
I  adduced  counter-arguments " 


152    THE    MAGISTRATE'S    OWN    CASE 

„"  And  now  you  agree  with  Mr.  Rosenthal,"  inter- 
rupted the  Chief  Justice.  "  Do  you  then  consider 
Saarbriicken  innocent?" 

"  No,"  said  Sterner.  "  I  look  upon  him,  now  as 
formerly,  as  Lord  Faringdon's  murderer.  My  suspi- 
cions have  been  confirmed,  were  confirmed  still  more 
strongly  by  the  exhausting  examination  I  held  yester- 
day. But  the  personal  consideration  which  has  now 
been  dragged  into  the  case  has  shown  me  where  my 
place  is.  It  is  not  in  the  magistrate's  seat.  I  have 
never  yet  failed  of  my  duty,  and  I  never  will,  so  long 
as  His  Majesty  the  Emperor  and  his  Government 
continue  to  honour  me  with  the  position  of  a  German 
magistrate.  But  for  that  very  reason  I  ask  to  be 
allowed  to  retire  from  a  post  which  I  cannot  hold 
with  a  clear  conscience." 

"  You  must  explain  this  more  fully,  my  good  Ster- 
ner," said  the  Chief  Justice  in  a  friendly  tone. 

Sterner  cleared  his  throat.  "  The  case  has  now 
reached  a  point  where  the  examining  magistrate  no 
longer  has  so  very  much  to  bring  to  light.  In  my 
opinion  there  can  be  no  question  of  forcing  Saar- 
briicken into  confession.  He  takes  refuge  in  stolid 
defiance  and  silence.  I  went  as  far  as  a  modern  mag- 
istrate can  go,  so  far  that  a  great  part  of  the  Press 
would  have  raised  a  cry  of  *  torture  '  if  it  had  been 
represented  in  court.  And  yet  I  can  affirm  that  I  was 
at  least  as  hard,  if  not  harder,  on  myself  than  I  was 
on  the  prisoner.  It  was  no  use. 

"  The  evidence  can  be  widened,  a  lot  can  be  made 


THE    INVESTIGATION  153 

out  of  the  prisoner's  domestic  relations,  a  romance 
can  be  spun  about  the  women  he  has  known,  a  won- 
derful amount  of  material  can  be  got  together  for  the 
newspaper  reporters  and  the  inquisitive,  scandal-lov- 
ing public.  The  one  who  will  have  to  pay  for  all  this 
will  be  the  absolutely  innocent  wife  of  the  accused. 
I  have  purposely  kept  her  outside  the  case,  from  a 
conviction  that  thus  I  was  acting  rightly.  But  yester- 
day it  became  clear  to  me  that  this  point  of  view  of 
mine — is  a  personal  point  of  view.  We  magistrates 
are  responsible  not  only  to  our  superiors  but  to  the 
public  for  our  official  actions.  Very  well,  I  am  ready 
to  take  this  responsibility;  it  does  not  alter  my  view 
of  the  case,  but  I  do  not  wish  to  bind  the  Court 
thereby. 

;'  There  was  a  talk  before  of  Dr.  Braun's  taking 
over  the  case.  Dr.  Braun  is  a  capable  man,  I  will 
make  way  for  him;  what  is  more,  I  request  that  he 
may  replace  me." 

The  Chief  Justice  had  been  listening  attentively  to 
Sterner's  long  speech.  He  merely  gave  a  nod,  saying : 
"  Then  it  shall  be  as  you  wish." 

Sterner  rose. 

"  Do  you  wish  to  make  any  further  communica- 
tion? "  asked  the  Chief  Justice. 

"  No,"  was  the  answer.  "  What  I  know  is  down 
in  the  documents  of  the  case." 

"  All  of  it?  "  asked  the  Chief  Justice. 

"  All  that  seems  to  me  to  be  of  interest  to  the  case. 
But  of  course  I  am  ready  to  acquaint  my  esteemed 


154    THE    MAGISTRATE'S    OWN    CASE 

colleague  with  the  case  and  to  go  through  its  details 
with  him." 

The  Chief  Justice  nodded. 

"  Dr.  Braun  is  at  present  engaged  at  the  High 
Court;  if  you  like,  we  can  go  to  his  department.  I 
shall  at  once  give  orders  for  the  drawing-up  of  the 
necessary  documents." 

That  ended  the  interview. 

Dr.  Braun  was  a  serious  young  man,  conscientious, 
rather  stolid  and  filled  with  genuine  admiration  for 
Sterner's  scientific  works.  Legal  colleagues  are  not 
always  over-ready  to  recognise  each  other's  capabili- 
ties; Braun's  loyalty  made  it  easier  for  Sterner  to 
make  way  for  him.  This  was  a  part  of  Rosenthal's 
plan;  but  if  the  clever  advocate  had  been  able  to  see 
the  result  of  his  proposal,  he  would  certainly  have 
wished  he  had  mentioned  some  other  man,  who  would 
have  re-opened  the  case  from  the  beginning  more  in- 
dependently rather  than  followed  docilely  in  the  steps 
of  his  predecessor. 

Dr.  Braun  and  Sterner  were  soon  of  one  mind,  and 
it  was  agreed  that  the  new  magistrate  should  visit 
Sterner  at  Homburg  on  the  following  day  and  receive 
the  case  from  his  hands,  with  all  the  explanations 
necessary  for  its  comprehension. 


CHAPTER    TWELVE 

MR.  TUNSTAPLE  WELLS  called  on  Ros- 
enthal  to  say  good-bye.  Mr.  Wells  was 
tired  of  waiting;  his  fraternising  with  the 
adverse  party  had  brought  him  no  advantage;  there 
was  plenty  of  work  waiting  for  him  at  home,  and  the 
next  of  kin  at  Rigsby  Abbey  had  asked  him  to  return. 
To  be  sure  it  was  pleasant  and  tempting  enough  to 
watch  the  English  nobility  disporting  themselves  in 
Homburg  Curhaus  Park,  but  Mr.  Wells  was  never- 
theless too  good  a  democrat  to  be  able  to  endure  for 
long  the  sight  of  aristocratic  loafing — as  he  called  the 
tennis  and  flirtation  under  the  lofty  chestnut  trees. 

Isidor  Rosenthal  understood  this  very  well,  but  his 
thoughts  were  altogether  taken  up  by  the  piece  of 
news  he  had  received  from  an  official  quarter  that 
same  morning;  that  Sterner  had  retired  from  the  case 
by  his  own  wish. 

Rosenthal  had  been  to  see  the  Chief  Justice,  but 
that  official  was  cold  and  precise.  He  had  made  use 
of  the  backstairs  of  the  court,  as  an  advocate  must 
sometimes.  Those  he  spoke  to  shared  his  surprise, 
but  knew  nothing.  He  had  sent  for  Schaltz,  but  that 
worthy  had  not  arrived. 

'55 


1 56    THE    MAGISTRATE'S   OWN    CASE 

And  now  Mr.  Tunstaple  Wells  was  sitting  in  the  ad- 
vocate's comfortable  armchair,  smoking  a  strong  cigar. 

They  talked  of  the  great  event. 

"  What  do  you  think  about  it?  "  asked  Wells. 

Rosen  thai  gave  a  knowing  smile.  "  You  see,  my 
dear  colleague,  a  magistrate  has  to  form  a  hypothesis 
and  work  it  out  till  he  arrives  at  certainty.  But  an 
advocate's  method  is  different;  he  must  first  make 
sure  of  his  case  and  then  produce  facts  to  prove  it. 
I  am  not  going  to  waste  my  time  trying  to  guess  why 
Sterner  has  suddenly  given  up  the  case  of  his  own  ac- 
cord. No,  what  I  want  to  find  out  is  how  he  did  it, 
and  I  shall  be  much  surprised  if  this  does  not  furnish 
me  with  the  basis  for  my  defence  of  Saarbriicken." 

Wells  smoked  on.  "  It  seemed  to  be  a  complicated 
business,"  he  said. 

Rosenthal  showed  all  his  teeth.  "  I  wouldn't  give 
it  up  for  a  thousand  marks.  Oh,  you'll  see  what  it 
will  become  in  my  hands ;  it  will  grow  and  spread  like 
a  wonderful  tree,  like  a  southern  palm,  sir.  And  in 
this  wilderness  of  circumstantial  evidence  an  oasis  will 
shoot  up  from  the  ground,  which  shall  give  refresh- 
ment to  all  the  camels  of  Germany." 

"  And  Great  Britain  too,  I  hope,"  laughed  Wells. 
'  You  might  include  my  friend  Sir  Longland  among 
the  camels.  Me  too,  if  you  like,  for  I  don't  under- 
stand a  word  of  it  all  yet." 

"  You  will  soon,  you  will  soon,"  said  Rosenthal, 
laughing.  "  Now  you  are  going  back  to  Merry  Eng- 
land with  the  special  task  of  finding  out  why  Mrs. 


THE    INVESTIGATION  157 

Saarbriicken  was  made  legatee  under  Lord  Faring- 
don's  will.  That  is  a  question  Sterner  has  not  touched. 
He  has  been  extraordinarily  delicate  where  this  lady 
was  concerned.  Possibly  he  has  his  reasons  for  that, 
but  these  reasons  do  not  bind  you  and  me.  Mr. 
Wells,  I  expect  from  you  a  detailed  statement  of 
everything  that  may  throw  light  on  this  point;  and 
if  it  will  kindle  your  ardour,  let  me  add  that,  the  more 
positive  evidence  you  can  produce,  the  broader  will 
be  the  basis  of  the  agreement  which  has  for  its  ob- 
ject the  decision  of  what  practical  effect  is  to  be  given 
to  Lord  Faringdon's  will.  The  idea  was  yours  to 
start  with,  you  know,  and  therefore  its  execution 
ought  to  appeal  to  you  especially."  , 

Wells  nodded,  and  thus  it  was  agreed.  Mr.  Wells 
took  his  leave  and  left  Homburg,  feeling  really 
rather  impressed  by  his  German  colleague,  very  in- 
quisitive about  the  whole  business,  somewhat  cool 
towards  Sir  Longland  Hearne,  and,  as  to  his  feelings 
towards  Dr.  Sterner,  he  did  not  say  good-bye  to  him. 

Schaltz  was  Isidor  Rosenthal's  next  visitor.  On 
the  same  day  as  Sterner  had  applied  to  the  Chief  Jus- 
tice, Schaltz,  with  a  true  presentiment  of  what  was  in 
the  air,  had  asked  for  and  obtained  leave  from  his 
direct  superior,  Herr  von  Bitter.  He  had  announced 
this  fact  to  Sterner,  striking  his  heels  together  as 
often  as  he  could,  to  irritate  the  magistrate.  The  noc- 
turnal examination  had  disgusted  Schaltz,  and  he 
was  now  thoroughly  exasperated  with  Sterner.  He 
had  paid  a  visit  to  the  prison  to  see  Saarbriicken.  The 


i58    THE    MAGISTRATE'S    OWN    CASE 

latter  had  now  fully  recovered  his  equanimity.  The 
strain  of  the  night  was  over;  he  was  calm,  composed, 
a  little  callous.  Schaltz  noticed  this,  and  with  a  po- 
liceman's habit  of  following  a  preconceived  opinion, 
had  determined  on  the  course  to  pursue.  Saarbriicken 
was  innocent,  and  the  more  circumstances  pointed  to 
his  guilt,  the  more  would  Schaltz  insist  upon  his  in- 
nocence. It  had  now  been  decided  that  the  prelimi- 
nary examination  should  be  conducted  by  one  of  the 
magistrates  of  the  criminal  court;  but  if  this  took 
place,  Sterner  would  have  nothing  more  to  do  with 
the  case.  That  was  all  Schaltz  could  make  of  the 
magistrate's  proceeding.  Meanwhile  the  defence 
would  have  to  try  to  interest  the  Englishman,  Wells, 
by  insisting  on  the  connection  between  Saarbriicken's 
innocence  and  the  prospects  of  the  English  heirs ;  and 
on  this  ground  Schaltz  must  operate  against  Sterner, 
who  clearly  enough  was  doing  all  he  could  to  assist 
Frau  Saarbriicken  directly. 

Schaltz  never  remembered  having  a  prisoner  he 
liked  better  than  Saarbriicken,  and  he  had  honestly 
forgiven  him  the  trouble  he  gave  at  his  arrest. 

The  conversation  between  Schaltz  and  Saarbriicken 
dealt  first  with  the  affairs  of  the  firm,  and  on  this 
point  Schaltz  was  able  to  reassure  the  merchant  by 
telling  him  of  the  liquidation;  he  also  promised  to 
take  a  message  to  the  advocate,  asking  him  to  go  to 
the  prison  and  grant  Saarbriicken  an  interview, 
whereof  the  latter  was  greatly  in  need. 

He  discharged  this  errand,  and  Rosenthal  received 


THE    INVESTIGATION  159 

him  kindly.  He  got  Schaltz  to  give  him  an  account 
of  the  nocturnal  examination,  and  from  the  indignant 
tone  in  which  the  report  was  made,  he  judged  the 
depth  of  Schaltz's  dislike  of  the  magistrate.  It  - 
pleased  him  to  hear  that  Schaltz  had  applied  for  and 
obtained  leave,  and  in  a  friendly  tone  he  suggested 
that  the  policeman  should  spend  his  leave  in  places 
where  detailed  information  could  be  obtained,  partly 
about  Dr.  Sterner,  and  partly  about  Mrs.  Lizzie 
Saarbriicken. 

'  You  see,"  said  the  advocate,  "  that  is  where  the 
solution  of  the  riddle  lies.  Sterner  gives  way  out  of 
consideration  for  the  wife  of  the  accused;  and  we 
must  bear  in  mind  Saarbriicken's  violent  words,  when, 
as  you  have  just  told  me,  he  even  swore  at  the  magis- 
trate. We  ought  also  to  remember  Sterner's  attitude, 
and  until  I  have  arrived  at  facts  to  explain  all  this,  I 
shall  not  commence  work  upon  the  defence.  Now  let 
us  first  see  whether  Dr.  Braun,  who  is  a  docile  ad- 
mirer of  the  great  master,  Sterner,  will  try  to  strike 
out  new  paths.  Personally,  I  don't  think  he  will. 
Let  me  hear  once  more  what  it  was  Sterner  said  to 
Saarbriicken  at  the  finish,  or  at  least,  as  much  of  it  as 
you  could  make  out." 

Schaltz  went  through  the  scene  again,  describing 
how  Sterner  asked  Saarbriicken  for  his  alibi. 

Rosenthal  frowned. 

Supposing  Saarbriicken  had  really  mentioned  a 
woman's  name  to  the  magistrate?  Supposing  he  had 
abandoned  his  chivalrous  attitude  in  this  matter? 


160    THE    MAGISTRATE'S    OWN    CASE 

But  Schaltz,  who  had  been  present  at  all  the  ex- 
aminations, relieved  the  advocate  of  this  fear.  Ros- 
enthal  did  not  want  to  see  Saarbrucken  lose  his 
romantic  lustre — it  would  be  a  point  that  would  have 
its  effect  in  the  speech  for  the  defence — and  as  far  as 
the  alibi  was  concerned  it  did  not  make  any  difference, 
since  Saarbrucken  did  not  deny  that  he  had  passed 
the  Park  in  the  course  of  his  midnight  stroll.  "  Let 
me  hear  the  words,"  he  asked;  "the  magistrate's 
words." 

Schaltz  shook  his  head.  "  I  could  not  catch  them, 
the  magistrate  spoke  very  low,  but  I  thought  he  said 
something  about  an  assignation  with  her." 

Rosenthal  started. 

Supposing  Sterner  in  some  other  way  had  found 
out  something  about  her,  "  her  "  could  not  here  be 
Frau  Saarbrucken,  who  was  in  Frankfort  or  perhaps 
at  Falkenstein  at  the  moment  in  question.  "  Her  " 
could  only  mean  another  person — but  how  in  the 
world  had  Sterner  found  out  about  her? 

And  while  Schaltz  sat  stiff  and  unintelligent  in  the 
deep  armchair,  which  was  little  adapted  to  his  mili- 
tary attitudes,  the  advocate's  brain  conceived  the  plan 
of  his  masterly  defence. 

But  of  that  he  said  not  a  word  to  anyone.  He  gave 
Schaltz  his  orders  and  let  him  go,  well  supplied  with 
the  means  of  carrying  on  an  investigation  on  behalf 
of  the  defence,  as  they  said — against  Sterner,  would 
have  been  more  correct. 

But  even  Isidor  Rosenthal  did  not  say  that. 


CHAPTER    THIRTEEN 

DR.  BRAUN  was  sitting  in  Sterner's  study, 
buried  deep  in  the  documents  of  the  case. 
Step  by  step  Sterner  took  up  the  evidence 
he  had  collected  and  went  through  it. 

"  My  suspicion  was  aroused  by  the  circumstance 
that  I  knew  Lizzie  Saarbriicken  to  be  heiress  to  Lord 
Faringdon's  fortune.  I  also  knew,  from  a  chance 
conversation  with  Faringdon,  that  Saarbriicken  was 
aware  of  the  fact.  In  addition  to  this,  Saarbrucken 
was  ruined,  Lord  Faringdon  knew  this,  had  already 
lent  him  considerable  sums,  and  had  at  last  refused 
to  lend  him  any  more.  Through  my  brother-in-law 
at  Falkenstein  I  had  met  Frau  Saarbrucken,  whose 
mother  is  staying  at  the  Sanatorium  to  look  after 
her  son,  a  patient  there.  I  knew  her  in  days  gone 
by.  I  have  not  mentioned  this  in  the  documents; 
it  does  not  concern  the  case.  I  knew  that  she  want- 
ed to  get  a  divorce  from  Saarbrucken,  whose  con- 
duct, as  we  are  informed  by  a  number  of  witnesses, 
was  anything  but  blameless.  Saarbrucken  vigor- 
ously opposed  the  divorce.  There  is  community 
of  goods  between  the  couple,  and  by  the  death  of 
Lord  Faringdon  they  come  in  for  a  very  consid- 

161 


1 62     THE    MAGISTRATE'S    OWN    CASE 

erable  legacy.  In  this  I  saw  the  motive  for  the 
crime. 

Dr.  Braun  silently  acknowledged  his  colleague's 
acuteness  with  a  bow. 

Sterner  continued: 

"  I  had  him  arrested  at  once,  and  summoned  his 
wife  to  the  preliminary  examination,  when  it  ap- 
peared at  once  that  she  knew  nothing  of  the  matter. 
I  have  tried  to  atone  for  my  somewhat  precipitate  be- 
haviour towards  her,  and  in  the  course  of  the  exami- 
nations I  have  kept  her  name  out  of  the  case.  Per- 
haps you  will  differ  from  me  on  this  point.  It  will 
now  be  for  you  to  decide  it.  I  shall  make  no  attempt 
to  influence  you :  follow  your  own  judgment." 

Sterner  threw  a  sharp  glance  at  his  colleague  over 
his  glasses.  Dr.  Braun  bowed  politely,  and  Sterner 
could  see  that  on  this  point  his  successor  would  follow 
in  his  footsteps.  He  was  glad  of  it  for  Lizzie's  sake, 
and  he  said  no  more  of  the  matter. 

''  The  further  development  of  the  case  strongly 
confirmed  my  suspicions.  The  locket  that  was  found 
by  the  body  belonged  to  Saarbriicken;  it  bore  his 
wife's  initial,  and  it  must  have  been  dropped  by  him. 
He  himself  says  he  had  given  it  to  Lord  Faringdon. 
But  I  have  not  succeeded  in  inducing  him  to  say  why. 
On  this  point  and  on  another — the  excuse  for  his  noc- 
turnal escapade,  which  is  the  really  convicting  circum- 
stance against  him — he  maintains  a  stubborn  silence, 
which  I  can  only  interpret  as  a  result  of  his  guilt.  If 
he  really  had  an  assignation  that  evening,  then  there 


THE    INVESTIGATION  163 

must  be  a  possibility  of  proving  it.  I  call  your  special 
attention  to  that  point,  as  it  is  of  great  importance." 

Sterner  paused. 

Dr.  Braun  was  listening  attentively. 

Sterner's  brow  was  furrowed,  as  though  he  was 
seeking  for  a  word.  He  continued,  rather  nervously : 
"  As  I  was  saying,  this  is  a  point  of  importance.  If 
I  did  not  feel  myself  that  my  position  as  Frau  Saar- 
briicken's  confidential  adviser  made  me  not  the  right 
person  to  carry  on  the  case — and  I  may  tell  you  as  a 
colleague  that  I  feel  more  than  friendship  for  that 
woman ;  it  would  be  wrong  to  conceal  this  from  you — 
if  I  did  not  feel  this,  I  say,  I  should  now  be  concen- 
trating all  my  attention  on  this  point.  The  man  will 
not  speak.  The  dagger  is  a  piece  of  evidence  that 
will  have  great  effect  upon  the  jury — I  don't  attach 
so  much  importance  to  it.  There  are  plenty  of  arti- 
cles of  that  sort,  and  they  are  all  alike.  But  of  course 
it  is  a  point  to  be  considered.  So  far  all  this  concerns 
the  accused.  As  to  the  murdered  man,  it  is  known  for 
certain  that  he  went  to  Frankfort  by  train.  It  is  not 
known  when  he  came  back.  That  is  to  say,  from  the 
evidence  heard  it  has  not  been  possible  to  decide  how 
he  returned  to  Homburg." 

Sterner  paused  again  and  turned  over  the  docu- 
ments. "  Let  me  here  tell  you  that  perhaps  on  this 
point  I  have  not  exhausted  the  material,  and  let  me 
also  mention,  Dr.  Braun,  that  this  is  where  you  will 
perhaps  have  most  new  work,  here  and  about  Saar- 
briicken's  alibi.  If  it  can  be  shown  that  Lord  Faring- 


164    THE    MAGISTRATE'S    OWN    CASE 

don  came  back  after  Saarbriicken  had  gone  to  bed, 
that  is,  after  1.30,  then  the  case  against  Saarbriicken 
falls  to  the  ground.  On  the  other  hand,  if  it  can  be 
shown  that  he  returned  to  Homburg,  or  that  he  was 
seen  in  the  neighbourhood  of  the  Park  or  of  the  scene 
of  the  murder  at  such  a  time  as  agrees  with  that  which 
Saarbriicken  spent  out  of  doors,  then  that  is  a  new 
piece  of  circumstantial  evidence,  which  does  not  count 
for  so  very  much  and  which  I  as  a  magistrate  would 
not  consider  of  very  great  importance.  On  the  other 
hand,  I  would  recommend  you  most  strongly  to  fol- 
low up  anything  that  may  show  either  that  Lord  Far- 
ingdon  came  back  after  1.30,  or  that  he  was  seen 
alive  at  a  later  hour  than  this.  That  would  prove 
Saarbriicken's  innocence.  The  last  point  I  have  tried 
to  clear  up  in  vain." 

Dr.  Braun  cleared  his  throat. 

"  You  think  then,  Dr.  Sterner,  that  no  importance 
is  to  be  attached  to  finding  out  when  Lord  Faringdon 
returned,  so  long  as  his  return  falls  within  the  period 
of  Saarbriicken's  absence  from  the  hotel  ?  Excuse  me, 
I  don't  quite  understand  this.  It  appears  to  me  that 
everything  touching  upon  this  point  is  of  equal  impor- 
tance." 

Sterner  looked  up.  "  You  misunderstand  me,  Dr. 
Braun.  I  only  mean  that  of  course  it  would  be  very 
nice  to  know  everything  that  Lord  Faringdon  did 
that  night,  but  that  it  is  only  of  real  importance  to 
prove  his  movements  at  the  time  which  concerns  the 
case.  I  insist  on  this,  because  a  magistrate  must  al- 


THE    INVESTIGATION  165 

ways  keep  before  him  the  limits  of  his  hypotheses. 
Suppose,  for  instance,  that  I  knew  for  certain  that 
Lord  Faringdon  was  in  the  Curhaus  Park  at,  say, 
12.40,  and  suppose  at  the  same  time  I  knew  for  cer- 
tain that  Saarbriicken  was  also  in  the  Park  at  that 
time,  then  with  the  evidence  at  my  disposal  and  taking 
into  consideration  the  other  facts  of  the  case,  I  should 
be  almost  certain  that  Saarbriicken  was  the  murderer. 
But  on  the  other  hand  I  should  be  well  aware  that 
I  had  no  proof,  since  there  would  have  been  nothing 
to  prevent  another  man  from  committing  the  murder 
at  precisely  that  time,  a  score  of  yards  from  the  man 
who  would  thus  innocently  be  suspected  of  the  crime. 
My  knowledge  in  this  respect  would  be  of  no  real 
value  to  me,  although  it  would  strongly  influence  my 
feeling.  It  would  be  quite  otherwise  if  I  knew  posi- 
tively that  the  murdered  man  had  not  returned  till 
two  hours  after  the  accused  had  gone  to  bed.  And 
everything  that  may  serve  to  clear  up  this  point  you 
must  try  to  find  out,  it  is  your  absolute  duty — if  you 
can.  Do  you  understand  me  now?  " 

Dr.  Braun  understood;  still,  he  thought  the  good 
Sterner  was  somewhat  didactic,  and  this  he  put  down 
to  his  being  a  man  of  science  and  politely  said  noth- 
ing. He  saw  well  enough  that  there  was  not  very 
much  more  to  be  done,  and  in  his  inmost  heart  he 
thought  that  Sterner  had  accomplished  his  task 
splendidly,  even  though  -circumstances  had  come  to 
his  aid — there  was  really  not  much  more  to  be  done. 
For  who  in  the  world  could  discover  whether  Saar- 


1 66    THE    MAGISTRATE'S    OWN    CASE 

briicken  had  had  an  assignation  or  not  at  that  hour; 
and,  as  Sterner  rightly  said,  it  would  be  difficult  to 
show  when  Lord  Faringdon  came  home,  and  if  it 
could  be  shown  it  would  set  Saarbriicken  free — that 
was  a  side  of  the  case  that  the  defence  ought  really 
to  take  over. 

The  two  men  talked  long,  and  Sterner  separated 
from  a  docile  pupil  without  having  altered  his  ideas 
and  without  having  tried  to  influence  his  successor. 


CHAPTER    FOURTEEN 

THE  sun  was  sinking  over  Falkenstein,  dyeing 
the  tree-tops  and  house-gables  red.  Down 
the  steep  mountain  roads  came  clattering 
carts,  with  the  brakes  shrieking  against  the  wheels' 
and  in  the  countless  little  gardens  sat  the  Rhinelan- 
ders  over  their  red  wine  at  small  tables. 

Sterner's  motor-car  came  panting  up  the  hillside, 
and  as  it  approached  the  people  put  their  heads  to- 
gether and  whispered:  "That's  the  magistrate  who 
is  getting  up  the  case  against  Saarbriicken,  the  wine- 
merchant  of  Frankfort." 

Lizzie  was  standing  in  the  garden,  looking  out 
over  the  road.  He  had  promised  to  come,  and  he 
would  keep  his  promise.  She  had  feverishly  seized 
the  day's  papers:  no  news — no  confession.  Then  he 
would  come,  and  he  would  have  acted  according  to 
her  wish.  The  terrible  struggle  between  these  two 
men  was  over — Sterner  was  tired — she  saw  that  and 
spoke  to  him  kindly. 

Her  brother  was  not  so  well,  he  became  worse 
every  day.  There  could  not  be  much  hope  now.  But 
Lizzie  thought  only  of  one  thing,  while  her  mother 

could  think  of  nothing  but  her  son. 

167 


1 68    THE    MAGISTRATE'S    OWN    CASE 

She  and  Sterner  sat  in  the  garden  under  a  great 
lime-tree,  whose  leaves  rustled  in  the  mild  evening 
breeze.  Deep  peace  rested  on  the  hill  and  over  the 
valley  with  its  river  like  a  shining  ribbon.  Sterner  was 
tired — very  tired.  She  had  asked  her  question  with  a 
look,  and  he  had  answered  with  a  movement  of  the 
head.  Now  they  were  both  silent. 

Then  she  said: 

"  And  now,  Fritz,  won't  you  apply  for  leave  and 
go  away  for  a  little  while?  Sir  Longland  Hearne  has 
invited  me  to  visit  him;  he  lives  in  the  Isle  of  Wight. 
I  have  been  thinking  about  it,  but  it  would  not  be 
fair  on  mother.  Why  don't  you  accept  the  invitation  ? 
You  want  rest." 

Sterner  shook  his  head.  "  I  can't  go  away.  Nor 
shall  I  take  leave.  I  have  two  or  three  cases  to  see 
to,  and  work  for  me  is  the  best  sort  of  rest." 

'  You  have  quite  given  up  this  case?  "  she  asked. 

14  Whatever  I  do,  I  do  thoroughly,"  said  Sterner. 
"  To-morrow  Braun  comes  to  see  me,  I  shall  go 
through  the  evidence  with  him  and  put  the  case  into 
his  hands,  and  never  touch  it  again." 

"  And  you  are  glad  of  it?  "  she  asked. 

"  No,"  he  said.  "  This  case  excited  me,  but  I  have 
given  you  my  promise.  Besides,  I  am  dissatisfied  with 
my  evidence.  You  must  know,  that  in  the  ordinary 
sense  it  completely  convicts  him.  He  can  scarcely  es- 
cape being  condemned,  but  from  my  point  of  view 
the  most  important  thing  is  wanting,  though  it  is  only 
a  form — his  confession." 


THE    INVESTIGATION  169 

"  But  if  he  is  not  guilty?  "  broke  In  Lizzie. 

Sterner  made  a  gesture  of  the  hand. — "  Don't  let 
us  talk  any  more  of  the  case.  Yesterday  he  mentioned 
your  name.  In  desperation  he  said:  'Take  her' — 
and  he  swore  an  oath.  It  is  the  first  time  he  has  men- 
tioned your  name  in  connection  with  mine.  No  living 
human  being  can  know  what  is  between  us — except 
old  Mother  Schultz  the  Hamburg  housekeeper,  you 
know,  whom  I  had  to  discharge,  and  your  poor 
mother.  And  yet  this  man  said,  '  Take  her.'  It  made 
me  see  such  a  perspective  of  meanness,  such  an  ex- 
posure of  all  that  is  dearest  and  holiest  to  us.  No — 
even  if  I  had  not  given  you  my  promise,  I  should  not 
have  continued  the  case  any  further  along  the  lines  on 
which  it  must  be  conducted  to  be  done  rightly." 
'  What  do  you  mean?  "  asked  Lizzie  hoarsely. 

Sterner  took  her  hand.  "  Once  more  Fate  has 
brought  us  together,  Lizzie.  But  we  won't  talk  of 
old  days.  Whether  the  sword  of  justice  falls  upon 
Saarbriicken  or  not  must  be  indifferent  to  you  and  me. 
As  magistrate  it  was  my  duty  to  follow  the  traces  of 
the  crime,  to  force  truth  into  light.  And  I  should 
have  carried  out  this  duty  without  hesitating  or  turn- 
ing aside,  if  I  had  been  sure  of  my  case." 

"  So  now  you  have  doubts  of  his  guilt?  "  said  Liz- 
zie. Her  bosom  throbbed  violently. 

Sterner  shook  his  head.  "  No,"  he  said.  "  But  I 
am  not  sure.  My  strength  as  a  magistrate  lay  in 
being  sure.  And  in  this  case  there  are  things  that  you 
don't  know  of,  that  no  one  besides  myself  knows  of, 


170     THE    MAGISTRATE'S    OWN    CASE 

which  make  me  uncertain.  You  mustn't  ask  me  what 
they  are.  Why  should  I  drag  you  into  the  dark  pas- 
sages of  my  confidence?  You  would  not  be  able  to 
help  me,  and  your  mind  would  only  be  saddened  by 
it.  Therefore  I  say  nothing.  But  this  I  will  tell  you, 
that  at  this  moment  I  stand  at  a  path,  which  led 
straight  on  and  now  divides  into  three.  Which  of 
these  three  paths  I  shall  follow,  I  don't  know,  and 
my  instinct  does  not  tell  me,  as  it  otherwise  would." 

"  Why  not?"  she  asked. 

"  Because  another  voice  speaks  louder  than  that  of 
instinct.  A  voice  that  always  speaks  to  me  when  my 
thoughts  seek  rest,  as  when  they  are  struggling  with 
great  and  difficult  problems.  And  this  voice  calls 
your  name,  Lizzie. 

"  For  Sterner  the  magistrate  it  is  no  longer  a  ques- 
tion of  how  he  shall  fulfil  his  task  as  magistrate,  it 
is  a  question  of  how  he  shall  rescue  a  woman,  convey 
her  free  and  happy  from  the  most  bitter  struggle  of 
her  life.  A  magistrate  is  a  man.  If  I  desert  you,  I 
desert  my  dearest  human  duty.  But  I  cannot  accom- 
plish my  work  as  magistrate,  and  I  only  listen  to  the 
inner  voice  that  calls  your  name." 

Lizzie's  eyes  gleamed ;  she  took  a  step  towards  him 
— then  stopped  short,  as  though  by  force. 

"  Fritz,"  she  said,  "  don't  think  about  me  any 
more.  I  know  that  you  will  do  what  I  ask  you ;  I  see 
that  you  have  kept  your  promise.  But  the  magis- 
trate's office  is  not  only  to  prosecute  the  guilty.  You 
have  so  often  told  me  that  it  is  just  as  much  his  duty 


THE    INVESTIGATION  171 

to  protect  the  innocent;  you  told  me  that  was  the 
greatest  fault  of  our  magistrates,  that  they  only  had 
.the  one  thing  in  view,  to  hear  the  word  '  guilty  '  pro- 
Ynounced  over  those  who  were  brought  before  them, 
to  force  from  them  the  confession  that  sealed  their 
fate.  But  you — for  you  it  was  the  sacred  duty  of  the 
magistrate  to  defend  the  innocent,  as  much  as  to  con- 
vict the  guilty.  I  can  read  in  your  eyes  that  your 
doubts  are  aroused.  I  do  not  know  why,  but  to-day 
you  are  no  longer  sure  of  your  case.  I  begged  you  to 
make  way  and  you  did  so.  Now  I  beg  you :  do  your 
duty  as  the  magistrate  you  are.  Throw  the  sharp 
light  of  truth  over  all  this  confusion.  And  if  Saar- 
briicken  is  your  enemy,  then  do  what  the  greatest  of 
all  Judges  commands  you :  Forgive  your  enemy — 
and  do  more  than  that.  Take  up  his  case  and  save 
him,  if  he  is  suffering  innocently." 

Sterner  stared  at  her.  He  opened  his  arms  to  em- 
brace her,  but  she  avoided  him. 

"  No,  no,  no,"  she  said;  "  you  came  to  me  calling 
yourself  my  friend — you,  whom  I  have  called  by 
names  far  dearer  than  that  of  friend.  I  avoided  you 
—because  I  loved  you- — loved  you  on  the  day  we  met 
again,  as  I  loved  you  on  the  day  we  parted. — Now  I 
can  read  in  your  eyes,  I  can  hear  in  your  voice  every- 
thing from  those  old  days.  But  now  it  is  my  right  to 
impose  a  condition  upon  you.  And  my  condition  is  this : 

"  Save  him!" 

And  before  Sterner  could  say  a  word  in  answer  she 
was  gone. 


CHAPTER    FIFTEEN 

STERNER  informed  Sir  Longland  Hearne  of 
his  decision  to  withdraw  from  the  case.  That 
old,  experienced  lawyer  shook  his  head.  He 
had  a  very  high  opinion  of  Sterner  and  would  have 
liked  to  see  the  case  in  his  hands.  But  if  he  would 
not,  why 

They  were  sitting  together  one  evening  in  Sterner's 
rooms.  Sir  Longland  was  leaving,  and  had  come  to 
say  good-bye. 

Sterner  explained  his  reasons.  He  lay  back  com- 
fortably in  a  deep  arm-chair,  smoking  a  very  strong 
cigar.  Hearne,  too,  was  smoking,  thoughtfully  and 
very  slowly. 

"  I  give  up  this  case,"  said  Sterner,  "  because  it  is 
not  clean.  To  me  my  work  is  a  science.  I  consider  it 
exceedingly  doubtful  whether  society  has  the  right 
to  interfere  with  its  punishments.  In  the  old  days 
they  thought  this  right  to  punish  was  the  most  natural 
thing  in  the  world.  But  then  they  used  to  think  war 
was  a  noble  business — in  fact,  the  best  of  sports.  Now 
all  reasonable  people  are  agreed  that  war  is  barbar- 
ous, not  to  say  criminal,  something  that  can  only  be 

resorted  to  as  an  ultima  ratio,  and  then  fenced  about 

172 


THE    INVESTIGATION  173 

with  all  sorts  of  excuses.  Who  knows  when  we  shall 
have  got  so  far  as  to  look  upon  punishment  in  the 
same  light?  If  a  single  unit  of  society  has  no  right 
to  cause  pain  to  a  human  being,  may  it  not  be  rather 
hard  to  establish  the  right  of  a  mass  of  such  units — 
society  as  a  whole — to  do  so?  " 

Sir  Longland  murmured:  "  But  messieurs  les  assas- 
sins, are  they  to  be  allowed  to  threaten  society  with 
impunity?  " 

Sterner  smiled.  "What  is  crime?  In  old  days  it 
was  a  crime  to  eat  swine's  flesh  or  to  deny  the  Real 
Presence  in  the  sacrament,  or  even  the  Pope's  power 
of  granting  indulgences.  In  England,  in  Henry 
VIII's  time,  people  were  hanged,  drawn  and  quar- 
tered for  trifling  offences.  We  reduce  the  number  of 
crimes.  Perhaps  we  shall  get  to  the  bottom  at  last. 
That  punishment  is  a  very  unpractical  way  of  putting 
a  stop  to  crime  is  evident  from  the  fact  that  no  crimi- 
nal reckons  upon  being  found  out  and  punished.  For 
crimes  against  property  the  best  cure  is  social  reform ; 
for  crimes  against  morals,  the  madhouse,  and  for 
murder,  civilization  and  education." 

Hearne  put  his  head  on  one  side.  "  Civilization — 
think  of  Saarbriicken !  " 

"  An  uncivilized  beast  is  what  I  call  him,"  an- 
swered Sterner  shortly. 

"  All  the  same,"  continued  the  other,  "  it  some- 
times happens  that  highly  cultivated  men  commit 
murder." 

v 

"  Seldom,"  said  Sterner;  "  and  when  it  happens,  I 


174     THE    MAGISTRATE'S    OWN    CASE 

am  not  quite  sure  that  they  do  not  act  with  a  certain 
amount  of  right.  All  good  things  can  rightfully  be 
seized — the  good  things  of  life,  too.  We'll,  no  more 
of  that;  we  were  talking  of  something  else.  My  busi- 
ness is  a  science.  I  do  not  believe  punishment  is  mor- 
ally justifiable,  but  I  admit  that  the  tracking  of  crime 
is  a  useful  means  of  securing  peace  for  society,  simply 
because  the  so-called  crimes  are  thereby  exposed  and 
thus  it  becomes  possible  to  remove  their  causes." 

"  H'm,"  muttered  Sir  Longland.  "  And  about  this 
case?  " 

"  This  case,"  said  Sterner,  "  is  not  quite  a  clean 
6ne.  I  have  a  personal  interest  in  it,  as  you  know,  and 
that  disqualifies  me  from  treating  the  matter  in  my 
own  way.  Now  I  have  retired  from  it,  I  may  tell  you, 
I  think  Saarbrucken  will  get  off ;  and  for  that  reason 
we  ought  to  postpone  a  decision  about  the  inheritance 
until  we  see  how  things  turn  out." 

"  Is  that  wise?  "  asked  Hearne. 

"It  is  very  stupid,"  replied  Sterner;  "but  when 
you  have  women  mixed  up  in  a  case,  there  is  always 
a  chance  that  stupidity  will  be  rewarded." 

Hearne  tried  to  get  something  more  out  of  Sterner 
on  this  subject  of  women,  but  the  magistrate  was  not 
to  be  drawn  out,  and  as  Sir  Longland  was  very  dis- 
creet, he  let  the  matter  drop.  It  was  evident  that 
Sterner  wanted  to  discuss  ethical  considerations  in- 
stead of  imparting  to  him  his  real  motives.  That  was 
Sterner's  affair. 

The  next  day  he  went  back  to  London,  promising 


THE    INVESTIGATION  175 

to  look  after  Frau  Saarbriicken's  affairs  to  the  best  of 
his  ability.  He  took  with  him  in  an  urn  the  ashes  of 
Lord  Faringdon,  and  on  his  arrival  had  them  buried 
with  much  ceremony  in  the  chapel  of  Rigsby  Abbey. 

But  Dr.  Sterner,  his  day's  work  ended,  sat  alone 
in  his  study,  plunged  in  deep  thought. 

And  there  was  continually  present  to  his  mind  the 
one  condition:  Save  him! 

He  saw  that  it  was  the  past,  rising  again  from  its 
grave  and  claiming  its  rights. 


SECOND    PART 
THE   TRIAL 


CHAPTER    ONE 

AS  early  as  September  Saarbriicken's  case  was 
ripe  for  trial  at  the  assizes  in  Frankfort.  As 
was  to  be  expected,  the  good  people  of  that 
city  looked  forward  to  this  trial  with  great  excite- 
ment. The  results  of  the  investigation  were  known 
in  part;  public  opinion  had  long  ago  found  Saar- 
briicken  guilty  of  the  murder;  it  was  only  the  details, 
the  many  small,  intimate  matters  that  are  exposed  in 
such  a  case,  that  could  now  be  expected  to  yield  any- 
thing fresh;  it  was  common  talk  that  the  trial  would 
be  rich  in  exciting  scenes  and  piquant  details,  and  thus 
just  what  it  should  be :  an  enthralling  drama  for  the 
amusement  of  the  populace. 

There  were  hints  that  the  counsel  for  the  prisoner, 
Isidor  Rosenthal,  had  planned  an  extraordinarily 
effective  defence;  and  people  who  knew  Rosenthal 
were  prepared  to  witness  a  brilliant  oratorical  dis- 
play; but  with  regard  to  the  principal  object  of  this 
expected  oratory,  the  saving  of  Saarbriicken's  head, 
much  scepticism  was  expressed.  The  only  thing  that 
seemed  to  show  that  the  defence  looked  for  a  favour- 
able result  was  the  circumstance  that  the  prominent 

banking  firm  of  Moritz  Rosenthal  &  Co.,  of  Frank- 

179 


i8o    THE    MAGISTRATE'S    OWN    CASE 

fort,  had  engaged  a  good  deal  of  capital  in  the  wine- 
merchants'  business  of  Fiirste  &  Wienecker,  of  which 
the  accused  was  the  proprietor.  It  had  not  been  de- 
clared bankrupt;  on  the  contrary,  it  continued  to 
carry  on  business,  though  somewhat  hindered  by  its 
difficult  position;  and  people  who  knew  what  deli- 
cate noses  Moritz  Rosenthal  &  Co.  had,  and  who 
were  acquainted  with  their  connection  with  the  ad- 
vocate, nephew  of  the  head  of  the  firm,  were  after 
all  a  little  disposed  to  entertain  the  view  that  the 
last  word  had  not  been  said  yet,  and  Moritz 
Rosenthal  &  Co.  generally  knew  what  they  were 
about. 

The  wife  of  the  accused  had  spent  the  summer  at 
Falkenstein;  her  brother  was  better,  and  in  August 
she  had  gone  with  him  and  her  mother  to  the  Isle  of 
Wight,  where  they  had  been  the  guests  of  the  mur- 
dered lord's  lawyer,  Sir  Longland  Hearne.  Now  she 
had  returned  to  Frankfort,  where  she  had  taken  a 
little  apartment  near  the  Eschenheimer  Thor;  she  was 
but  seldom  seen  and  never  spoke  to  anyone.  There 
had  been  a  good  deal  of  gossip  about  her  relations 
with  the  murdered  man,  but  it  had  to  be  admitted  that 
this  was  only  rumour;  and  it  was  especially  these  ru- 
mours and  their  final  clearing  up  that  was  to  provide 
the  bulk  of  the  sensational  and  exciting  material  in 
the  approaching  trial. 

The  third  of  the  principal  actors  in  this  drama, 
Dr.  Sterner,  had  also  been  absent  on  leave  during 
August.  It  was  known  that  he  too  had  been  in  Eng- 


THE   TRIAL  181 

land,  and  this  was  thought  quite  natural,  since  it  was 
commonly  known  that  after  having  begun  by  being 
very  harsh  in  his  treatment  of  the  prisoner's  wife,  he 
had  been  much  captivated  by  her,  and  no  doubt  the 
reason  for  his  retiring  from  the  case  and  leaving  it 
to  his  younger  colleague,  Dr.  Braun,  was  that  he 
might  be  of  assistance  to  her.  Dr.  Sterner,  however, 
had  only  spent  a  short  time  in  England;  he  had  dis- 
charged his  official  duties  at  Homburg  as  usual,  until 
suddenly,  a  week  before  the  opening  of  the  trial,  he 
had  gone  south  and  had  not  returned.  People  were 
thus  not  absolutely  certain  that  he  would  be  able  to 
be  present  at  the  trial,  though  of  course  everyone  ex- 
pected that  he  whose  preliminary  investigation  had 
produced  the  bulk  of  the  evidence,  could  scarcely  be 
absent  on  the  day  when  the  public  proceedings  should 
commence.  It  was  true  that  Sterner  was  now  quite 
outside  the  case,  and  everything  he  had  done  was 
added  to  the  documents.  He  could  now  only  be  re- 
garded as  a  spectator,  but  surely  a  very  interested  and 
interesting  spectator. 

As  to  Saarbriicken  himself  it  was  known  that  he 
stubbornly  continued  to  assert  his  innocence.  It  was 
said  that  he  was  defiant  and  silent;  he  behaved  well 
in  the  prison,  as  men  of  his  kind  always  do;  but  his 
conduct  under  the  numerous  examinations  that  had 
been  held  was  so  far  from  suggesting  his  innocence, 
that  it  even  very  strongly  confirmed  the  suspicions 
against  him. 

That  was  what  people  said;  but  how  much  do  peo- 


1 82     THE    MAGISTRATE'S    OWN    CASE 

pie  know  about  prisoners  that  sit  in  safe-keeping  be- 
hind iron  gratings? 

How  much  was  it,  in  fact,  that  people  knew  at  all 
about  this  case? — and  just  for  that  reason  they 
looked  forward  to  the  trial,  which  was  to  bring 
everything  into  the  light  of  day,  the  outcome  as  it 
was  of  shrewd  human  labour,  to  attain  what  Society 
regards  as  its  final  gQ?\— Justice. 

Meanwhile,  during  all  this  time,  the  defence  had 
been  at  work.  Isidor  Rosenthal  was  not  a  man  who 
talked  of  what  he  was  doing;  when  people  in  Frank- 
fort asked  him  his  opinion,  he  used  to  smile — he  was 
fond  of  smiling — and  then  said  something  to  the 
effect  that  the  man  whose  defence  he  had  undertaken 
was  either  innocent,  or  in  any  case  would  be  found 
not  guilty,  in  spite  of  the  position  of  the  facts.  Then 
they  laughed  at  these  advocates  and  understood  that 
Rosenthal  did  not  want  to  make  any  communication 
to  the  world  at  large  until  the  day  should  come  when 
he  would  appear  in  public. 

However,  the  more  initiated  were  able  to  find  some 
connecting  links  for  guess-work  in  the  examinations 
that  were  being  instituted  here  and  there  on  behalf 
of  the  defence,  but  after  all  this  was  very  little.  It 
was  known  that  the  police  prefect  at  Homburg 
had  furnished  the  able  police  commissary,  Martin 
Schaltz,  to  the  defence,  the  same  man  who  had  car- 
ried out  the  arrest  of  Saarbriicken,  and  that  Schaltz 
had  made  frequent  journeys  to  Hamburg  and  even 
to  England  on  behalf  of  the  defence. 


THE    TRIAL  183 

Schaltz  had  just  returned  from  his  last  visit  to 
Hamburg  and  was  an  almost  daily  visitor  at  Isidor 
Rosenthal's  office,  where  the  two  men  were  working 
upon  some  very  important  information  that  Schaltz 
had  collected  on  his  journeys.  Rosenthal  was  satis- 
fied with  Schaltz,  and  Schaltz  was  proud  of  this.  It 
was  a  very  different  thing  to  work  with  a  pleasant- 
mannered  advocate  from  being  bullied  by  a  Prussian 
police-magistrate.  And  in  this  respect  Dr.  Braun  was 
not  a  bit  better  than  Sterner.  Perhaps  scarcely  so 
rude,  thought  Schaltz. 

As  for  Sterner,  Schaltz  simply  could  not  stand  him, 
and  so  it  happened  that  he  came  across  an  elderly 
lady  who  in  all  respects  shared  his  feelings  for  the 
magistrate. 

This  lady  was  none  other  than  Madame  Schultz, 
of  117  Alter  Steinweg,  Hamburg,  Sterner's  former 
housekeeper.  She  was  a  good  friend  to  Schaltz,  and 
it  was  for  the  most  part  the  fruit  of  their  collabora- 
tion that  was  now  being  carefully  gone  through  in  the 
lawyer's  office  on  the  Zeil.  Madame  Schultz  knew 
the  magistrate  well,  she  also  knew  Frau  Saarbriicken 
extremely  well,  she  knew  what  no  one  in  Frankfort 
guessed,  and  what  Isidor  Rosenthal  gladly  paid  lib- 
erally to  learn.  Madame  Schultz  was  in  the  wrong 
in  her  relations  with  Sterner,  she  had  abused  his  con- 
fidence, and  when  he  discovered  her  dishonesty,  she 
had  sworn  to  be  revenged.  Here  seemed  to  be  an  op- 
portunity ;  by  her  help  his  work  and  his  plans  should 
be  brought  to  naught.  Madame  Schultz  did  not  spare 


1 84    THE    MAGISTRATE'S    OWN    CASE 

her  knowledge,  she  had  made  good  use  of  her  posi- 
tion, picked  up  things  here  and  there, — indeed,  she 
had  not  denied  herself  the  possession  of  certain  pa- 
pers which  were  not  intended  for  the  world  at  large, 
and  which  she  now,  in  return  for  a  suitable  gratuity, 
placed  at  the  disposal  of  Mr.  Schaltz. 

That  part  of  the  information  which  had  to  be  col- 
lected in  England,  was  provided  by  Mr.  Wells;  the 
Roxley  family  had  agreed  to  contribute  to  the  defence 
on  the  condition  that  the  advocate  should  remember 
them  when  the  question  that  interested  them  should 
reach  its  final  settlement. 

The  legacy  itself  still  remained  unpaid.  On  behalf 
of  Frau  Saarbriicken  Sterner  had  made  enquiries 
through  Rosenthal,  as  to  whether  the  accused,  Saar- 
briicken, were  now  willing  to  give  his  consent  to  a 
divorce. 

At  the  urgent  instance  of  Isidor  Rosenthal,  the 
accused  had  answered  this  question  by  a  decided  No. 
In  this  connection  there  had  been  some  personal  ne- 
gotiations between  Rosenthal  and  Sterner,  in  the 
course  of  which  the  advocate  had  made  great  use  of 
the  power  that  was  peculiarly  his,  of  sounding  the 
plans  and  the  thoughts  of  his  fellow-men. 

Sterner  was  a  clever  man,  but  his  cleverness  con- 
sisted chiefly  in  this,  that  he  laid  his  plans  and  carried 
them  out  consistently,  avoiding  any  undue  haste  and 
always  preserving  a  certain  coolness  in  his  external 
behaviour.  His  strength  lay  in  making  a  clever  use 
of  facts,  in  combining  them  and  balancing  them  intel- 


THE    TRIAL  185 

ligently  one  against  another.  In  this  he  was  cer- 
tainly Rosenthal's  superior;  while  on  the  other  hand 
the  advocate  possessed  that  special  gift,  which  is  of  so 
great  advantage  to  a  commercial  race,  to  a  family  of 
merchants,  in  the  course  of  its  development,  the  gift, 
namely,  of  taking  advantage  of  every  little  weakness, 
every  false  step,  however  slight  on  the  part  of  his 
opponent,  in  order  to  advance  the  cause  he  had  made 
his  own. 

In  short,  Sterner  was  strong  by  his  own  cleverness, 
while  Rosenthal  was  so  through  his  marvellous  power 
of  making  use  of  other  people's  foolishness. 

And  in  the  course  of  these  very  negotiations  it 
looked  as  if  Sterner  had  made  a  false  step.  Sterner 
was  not  unacquainted  with  the  fact  that  the  defence 
had  had  some  hesitation  about  throwing  a  slur  upon 
Lizzie  Saarbriicken.  She  had  been  summoned  to  one 
or  two  examinations,  but  Dr.  Braun  had  entirely  ac- 
cepted the  point  of  view  originated  by  Sterner  with 
regard  to  her.  It  was  evident  that  she  would  have 
to  appear  as  a  witness  at  the  trial ;  that  she  could  not 
give  evidence  against  her  husband  was  clearly  ex- 
pressed in  the  criminal  code,  and  that  she  could  not  be 
accused  of  cognizance  or  of  anything  like  complicity 
in  the  crime  was  obvious  from  the  fact  that  the  pub- 
lic prosecutor  had  taken  no  steps  against  her.  Sterner 
was  now  only  a  spectator,  besides  being  Lizzie's 
representative  in  the  question  of  inheritance. 

He  had  been  discussing  with  Rosenthal  an  arrange- 
ment whereby  Lizzie's  marriage  could  be  nullified, 


1 86    THE    MAGISTRATE'S    OWN    CASE 

and  here  he  had  met  with  opposition ;  in  the  course  of 
these  negotiations  he  had  defined  precisely  those  in- 
stituted by  Lord  Faringdon,  before  the  fatal  event. 
At  first  Rosenthal  had  believed  that  Sterner  was  here 
repeating  the  knowledge  and  views  of  his  principal; 
but  gradually,  as  he  found  out  through  Schaltz  more 
about  Sterner  and  Lizzie,  he  saw  that  Sterner  was 
not  merely  acting  as  Lizzie's  mouthpiece. 

He  renewed  the  negotiations,  and  after  a  few  con- 
versations with  Sterner,  the  end  of  which  was  that 
Saarbriicken  still  refused  to  hear  of  a  divorce,  Rosen- 
thai  had  acquired  the  information  that  even  before 
the  death  of  Lord  Faringdon,  the  magistrate  had 
taken  part  in  the  divorce  negotiations  and  that  his 
acquaintance  with  the  murdered  lord  was  a  fairly  ex- 
tensive one. 

It  did  not  escape  Sterner  that  on  this  point  the  ad- 
vocate was  very  inquisitive,  but  since  it  was  still  Liz- 
zie's resolve  not  to  desert  Saarbrucken  in  his  need,  as 
she  put  it,  against  his  wish,  and  since  Sterner  was  de- 
termined to  support  her  as  far  as  possible,  he  con- 
tinued these  negotiations,  though  they  were  intensely 
disagreeable  to  him. 

On  one  point  he  had  not  altered  his  resolve;  he 
would  not  put  forth  a  hand  to  "  save  "  Saarbrucken; 
he  was  a  spectator  of  the  trial,  he  said,  and  nothing 
else. 

The  day  before  the  proceedings  opened,  he  re- 
turned home  from  the  south. 


CHAPTER   TWO 

ON  September  7th,  in  the  Criminal  Court  of 
Frankfort-on-the-Main,  began  the  trial  of 
Helmuth  Saarbriicken  of  that  city,  accused 
of  the  murder  of  the  English  peer,  Cecil  Laking,  sev- 
enth Baron  Faringdon,  committed  at  Homburg  vor 
der  Hohe  on  the  preceding  yth  of  July. 

The  court  was  crowded  to  suffocation,  and  the  heat 
was  considerable;  it  was  still  summer,  and  the  sun 
poured  its  rays  in  through  the  lofty  pointed  windows, 
filled  with  stained  glass.  There  were  present  all  the 
prominent  people  of  Frankfort,  officials,  military  men 
and  merchants,  and  in  particular  a  flock  of  Isidor 
Rosenthal's  friends  and  connections,  serious  and  char- 
acteristic types  of  the  leading  men  of  the  banking 
metropolis;  but  at  the  same  time  a  number  of  ladies 
in  gay-coloured  toilettes  were  there,  and  many  of  the 
papers  had  sent  their  representatives  to  procure  for 
their  readers  the  matter  they  delighted  in, — sensa- 
tion, and  the  incongruity  that  arises  when  one  of  the 
so-called  upper  ten  thousand  by  a  criminal  action 
sinks  into  the  class  that  is  usually  recruited  from  those 
who  are  born  on  the  darker  side  of  Society. 

Saarbriicken  sat  in  the  dock.  He  was  pale,  his  head 
187 


1 88     THE    MAGISTRATE'S    OWN    CASE 

was  bent,  and  he  did  not  seem  to  bestow  the  slightest 
attention  on  the  crowd.  But  he  was  evidently  com- 
posed and  bore  his  fate  with  great  calmness.  Frau 
Saarbriicken  was  among  the  witnesses;  she  arrived 
late,  and  as  she  entered  the  court  by  the  side  of  Dr. 
Sterner,  clad  in  black  with  a  thick  veil  over  her  face, 
a  murmur  went  through  the  audience.  The  accused 
raised  his  head  for  a  moment,  then  sank  back  into 
the  dull  indifference  which  seemed  to  be  his  weapon 
against  what  might  befall  him.  », 

There  was  deep  silence  in  court  when  the  Presi- 
dent rose  to  open  the  proceedings.  The  court  was 
duly  constituted,  the  jury  sworn  and  placed  in  their 
box.  The  curtain  had  gone  up  and  the  drama  was 
beginning. 

There  were  five  acts,  in  accordance  with  the  an- 
cient rules  of  the  drama,  a  division  which  was  espe- 
cially appropriate  in  the  case  of  one  like  the  present, 
which  according  to  the  expectation  of  everyone  must 
end  as  a  tragedy — with  the  death  of  the  protagonist. 
The  first  act  contained  the  speech  of  the  prosecution, 
which  would  be  followed  by  evidence  against  the 
prisoner  and  the  prosecuting  counsel's  concluding  ad- 
dress; then  witnesses  for  the  defence,  and,  as  the 
fourth  act,  the  act  of  conflict  and  rising  interest,  the 
speech  for  the  defence.  The  fifth  and  last  act  would 
consist  of  the  words  to  be  pronounced  by  the  solemn 
men  now  assembled  on  the  bench  upon  Helmuth  Saar- 
brucken, the  Homburg  murderer.  t* 

The  spectators  knew,  of  course,  the  argument  of 


THE   TRIAL  189 

the  play,  they  knew  it  from  newspaper  articles,  from 
common  talk,  and  yet  the  court  was  filled  with  that 
peculiar  atmosphere,  charged  with  excitement,  which 
is  ever  present  in  a  large  assembly,  whose  thoughts 
and  senses  are  directed  to  one  object — one  action  that 
concerns  the  individual  but  yet  creates  a  reaction  upon 
the  minds  and  wills  of  all. 

Dr.  Hagemeister,  the  public  prosecutor,  rose  to 

open  the  case;  he  was  a  tall,  thin  man  with  a  dry 

voice;  a  lawyer  such  as  you  may  find  all  over  the 

world,  dry,  monotonous  and  sharp,  going  straight  to 

the  point  without  looking  to  one  side  or  the  other, 

sparing  neither  himself  nor  his  hearers  a  single  point 

/that  seems  to  his  judicial  brain  to  concern  the  case. 

1^     Dr.  Hagemeister  stood  in  his  black  gown  like  a 

figure  of  inevitable  retribution — an  image  of  death. 

After  the  usual  formal  introduction  the  prosecution 
established  the  fact  of  Saarbriicken's  being  charged 
with  the  murder  of  Lord  Faringdon,  and  described 
the  private  circumstance  of  the  accused. 

He  continued: 

"  As  you  will  see,  gentlemen  of  the  jury,  in  this 
case  we  have  no  confession  of  his  guilt  on  the  part 
of  the  accused — on  the  contrary,  he  has  all  along 
stubbornly  denied  his  guilt.  Nor  have  we  any  definite 
proof,  and  in  a  case  like  this,  of  secret  assassination, 
direct  proof  will  seldom  be  forthcoming.  On  the 
other  hand,  thanks  to  the  admirable  investigation 
carried  on  by  the  preliminary  examiner,  we  have  a 
series  of  circumstantial  evidence,  which  in  my  opinion 


1 90    THE    MAGISTRATE'S    OWN    CASE 

incontestably  points  to  the  accused  as  the  perpetrator 
of  the  crime,  and  which,  I  do  not  hesitate  to  declare, 
has  brought  me  to  a  conviction  of  his  guilt.  Mean- 
while, I  do  not  deny  that  circumstantial  evidence  is  a 
two-edged  sword ;  it  allows  scope  for  conclusions,  and 
the  separate  circumstances  can  be  considered  impor- 
tant only  when  they  can  be  firmly  linked  into  a  chain 
which  taken  as  a  whole  points  to  guilt.  This  is  the 
case  here,  and  I  shall  now  try  to  sketch  the  develop- 
ment of  events,  showing  how  single  facts  occur  in  the 
chain  of  circumstances. 

'  What  do  we  know  about  Helmuth  Saarbrucken 
beyond  the  facts  of  his  birth  and  outward  circum- 
stances ? 

"  He  has  never  before  been  either  charged  or  con- 
victed of  any  action  that  public  opinion  calls  dis- 
graceful ;  I  shall  not  dwell  upon  the  fact  of  his  having 
appeared  in  his  young  days  at  the  police-court  in 
Hamburg  for  various  misdemeanors  committed  in  a 
state  of  intoxication.  It  is  true  that  his  drunkenness 
showed  itself  also  in  the  shape  of  brutality  towards 
the  guardians  of  the  public  peace,  but  as  I  said  before, 
I  shall  not  dwell  upon  that — he  was  then  a  young 
man.  It  was  also  to  be  expected  that  the  advance 
of  years,  the  fact  that  he  became  chief  of  a  great 
business  with  all  its  responsibility,  and  the  circum- 
stance that  he  brought  into  his  home  a  beautiful 
and  cultured  woman  as  his  bride,  might  have 
changed  his  nature,  forced  him  into  the  circle  of 
useful  citizens. 


THE   TRIAL  191 

"  I  regret  that  it  is  my  duty  at  once  to  assert  that 
it  did  not  turn  out  so.  And  although  I  run  the  risk 
of  wearying  you,  gentlemen  of  the  jury,  I  am  com- 
pelled to  show,  on  the  basis  of  conscientiously  col- 
lected information  and  data,  how  it  was  due  to 
Helmuth  Saarbriicken,  and  to  him  alone,  that  the 
flourishing  house  of  Fiirste  &  Wienecker  has  been 
brought  to  the  brink  of  a  calamity,  I  shall  now  pro- 
ceed to  do  this." 

And  Dr.  Hagemeister  did  it,  did  it  so  thoroughly 
with  so  many  figures  that  the  greater  part  of  the  as- 
sembled multitude  sank  into  dull  listlessness,  crushed 
beneath  the  weight  of  the  many  columns  of  figures. 
And  already  there  began  to  arise  a  vague  dissatisfac- 
tion with  the  man  who  was  the  direct  cause  that  peo- 
ple, after  having  with  great  difficulty  gained  admis- 
sion to  the  court  for  the  purpose  of  hearing  an 
exciting  murder  trial,  were  compelled  to  sigh  by  the 
hour  under  the  burden  of  these  terrible  figures. 

When  the  prosecuting  counsel  had  concluded  this 
part  of  his  attack,  it  became  clear  to  all  good  Frank- 
forters  that  Helmuth  Saarbriicken  was  a  criminally 
bad  wine-merchant. 

But  considered  as  a  man,  his  shares  were  also 
destined  to  fall. 

Dr.  Hagemeister  continued: 
'  The  time  that  Saarbriicken  should  have  devoted 
to  his  lawful  occupation  he  spent  in  all  kinds  of  dis- 
sipation and  frivolous  amusements.  If  he  was  a  bad 
man  of  business,  he  was  a  worse  husband.  What  I 


192    THE    MAGISTRATE'S    OWN    CASE 

mean  by  this  will  become  evident  from  the  statements 
of  numerous  witnesses ;  I  need  not  dwell  upon  details 
at  this  point. 

;'  What  is  of  chief  importance  is  his  position  with 
regard  to  this  special  case,  his  relations  to  the  mur- 
dered lord  and  his  relations  to  his  wife.  Lord  Faring- 
don  was  his  friend;  he  was  the  representative  of  a 
great  and  honoured  family  in  a  great  country;  he  met 
his  death  here,  at  a  place  to  which  his  countrymen 
resort  to  find  amusement;  as  a  German  I  cannot  do 
otherwise  than  remember  with  regret  this  stranger, 
who,  if  he  had  his  faults,  and  which  of  us  has  not? — 
had  to  atone  for  them  terribly.  Peace  be  with  him. 
Saarbriicken  was  his  friend,  and  shamefully  did  the 
accused  abuse  this  friendship.  I  shall  not  weary  you 
with  many  more  figures,  but  this  list  of  the  amounts 
borrowed  by  Saarbriicken  from  his  friend  speaks 
plainer  than  words." 

Again  the  weary  audience  had  to  listen  while  the 
prosecutor  read  out  a  string  of  figures,  but  the  result 
was  the  same,  public  feeling  was  turned  against  the 
man  who  had  caused  such  an  arsenal  of  figures  to  be 
inflicted  upon  a  lot  of  people  who  had  come  expecting 
piquant  details. 

Dr.  Hagemeister  continued: 

"  Lord  Faringdon  was  Saarbriicken's  friend,  and 
still  more  was  he  the  friend  of  the  prisoner's  wife. 
No  shadow  of  blame  rests  upon  this  woman ;  nothing 
in  the  course  of  the  investigation  has  occurred  that 
justifies  anyone  in  conceiving  the  slightest  suspicion 


THE    TRIAL  193 

of  her.  She  did  her  duty  as  a  wife,  she  did  her  duty 
as  a  human  being,  when  she  asked  her  husband  to 
release  her  from  a  connection  that  through  his  fault 
was  not  what  a  marriage  should  be.  Here  she  en- 
countered his  opposition.  Not  because  he  loved  her; 
a  man  who  loves  his  wife  is  faithful  to  her,  and  he 
was  not.  Why?  we  ask  then;  and  here  we  come  to 
the  motive  for  the  crime  which  we  attribute  to  the 
accused. 

"  It  has  been  established  that  Lord  Faringdon  re- 
fused to  lend  Saarbriicken  any  more  money;  it  has 
been  established  that  Lord  Faringdon  earnestly  urged 
Saarbriicken  to  set  his  wife  free;  nothing  has  trans- 
pired that  justifies  us  in  supposing  that  Lord  Faring- 
don himself  entertained  love  for  Frau  Saarbriicken, 
still  less  that  she  returned  such  a  feeling — but  even  if 
it  were  so,  there  are  things  that  remain  concealed  in 
the  human  heart,  and  in  any  case  this  couple  was 
going  the  way  that  leads  to  the  dissolution  of  a  con- 
nection that  has  not  been  what  it  should  be. 

"  Saarbriicken  knew  that  his  wife  was  to  inherit 
Lord  Faringdon's  fortune — let  us  call  this  a  whim 
on  the  part  of  the  wealthy  Englishman,  and  to  our 
more  sober  minds  whims  and  wealthy  Englishmen  are 
often  synonymous,  and,  as  I  said,  there  is  not  the 
slightest  stain  upon  her.  Saarbriicken  lost  the  friend- 
ship of  Lord  Faringdon,  his  source  of  supply  was 
cut  off,  ruin  rose  before  him,  he  seized  the  dagger  and 
became  a  criminal.  His  motive  was  to  use  the  com- 
munity of  goods  existing  between  himself  and  his 


i94     THE    MAGISTRATE'S    OWN    CASE 

wife  to  secure  Lord  Faringdon's  fortune.  Nothing 
has  been  able  to  shake  this  fundamental  hypothesis — 
for  me  it  stands  firm  and  secure. 

"  These  are  then  the  first  three  items  of  circum- 
stantial evidence:  ist,  Saarbriicken's  insolvency;  2d, 
his  knowledge  that  there  was  a  remedy,  as  his  wife 
was  Lord  Faringdon's  heiress;  3d,  his  obstinate  op- 
position to  the  divorce.  But  I  admit  that  this  is  not 
enough  to  convict  him. 

"  Let  us  therefore  carefully  enquire  how  he  was 
occupied  on  the  evening  Lord  Faringdon  was  mur- 
dered. At  six  o'clock  that  evening  Lord  Faringdon 
dined  with  Saarbrucken;  it  is  shown  that  while  the 
two  sat  at  the  dinner-table  at  the  hotel,  a  boy  named 
Caspar  Schultz  who  was  employed  to  pick  up  balls  at 
the  tennis-ground,  came  to  their  table  and  showed  a 
locket  he  had  found  in  the  Park,  which  he  believed  to 
belong  to  Saarbrucken,  the  more  so  as  the  latter  had 
dropped  it,  discovered  his  loss,  and  charged  Caspar 
to  look  for  it.  Saarbrucken  took  this  object  from  the 
boy  and  gave  him  a  reward:  it  was  a  little  gold 
locket,  containing  a  lock  of  hair,  and  with  the  initial 
L  engraved  on  the  outside — meaning  Lizzie,  the 
name  by  which  Frau  Saarbrucken  was  known  in  the 
circle  of  her  intimates.  This  locket,  which  had  once 
been  lost,  was  found  again  by  the  body  on  the  scene 
of  the  murder. 

"  I  say  that  it  was  dropped  by  the  murderer  during 
the  brief  struggle  that  preceded  the  murder.  The  ex- 
amining magistrate  has  represented  this  to  the  ac- 


THE   TRIAL  195 

cused,  and  the  latter  has  stubbornly  affirmed  that  he 
had  given  the  locket  to  Lord  Faringdon. 

"  Do  you  believe  that,  gentlemen? 

;'  Why?  you  will  ask. 

"  Saarbriicken  says  that  on  that  very  evening  he 
had  changed  his  views  with  regard  to  his  wife's 
wishes,  in  other  words,  he  was  willing  to  agree  to  the 
divorce.  He  has  himself  affirmed  that  he  was  against 
it;  nothing  has  appeared  to  explain  this;  and  so  who 
will  believe  it? 

"  After  this  fourth  piece  of  evidence,  the  locket, 
we  have  the  fifth  against  him,  which  also  concerns  a 
lifeless  thing,  the  circumstance,  namely,  that  there  has 
been  found  in  his  effects  a  dagger  which  corresponds 
exactly  to  the  wound  inflicted.  Objections  may  be 
raised  against  each  of  these  pieces  of  evidence,  taken 
together  they  are  fatal  to  the  accused;  but,  it  seems 
to  me,  that  the  circumstances  which  follow,  and  which 
refer  to  Saarbriicken's  conduct  after  Lord  Faringdon 
had  left  him  that  evening  and  taken  the  train  at  seven 
o'clock  for  Frankfort,  will  prove  far  more  fatal  to 
the  accused. 

"  Saarbriicken  spent  the  evening  with  Herr  Bech- 
messer  and  his  wife,  who  will  give  evidence.  They 
have  both  stated  that  the  accused,  who  is  an  excellent 
whist-player,  was  absent-minded  that  evening  and 
played  so  badly  that  they  remarked  upon  it.  They 
even  gave  up  the  game,  and  Saarbriicken,  who  did 
not  care  for  music  but  was  a  keen  card-player,  was 
present  at  a  concert,  during  which  he  was  seen  in 


196     THE    MAGISTRATE'S    OWN    CASE 

conversation  with  a  man,  with  whom  he  was  not 
otherwise  known  to  have  been  acquainted,  an  Italian, 
whose  name  does  not  occur  elsewhere  in  the  case. 
That  it  was  not  the  concert  that  attracted  Saarbrucken 
to  the  place  appears  to  result  from  the  evidence  of 
witnesses  who  declare  that  during  the  performance 
of  a  piece  which  was  listened  to  in  the  deepest  silence 
by  the  whole  audience,  Saarbrucken  by  his  restless 
and  noisy  behaviour  brought  upon  himself  audible 
signs  of  disapproval. 

"  He  left  the  concert  at  eleven  and  went  home.  At 
half-past  twelve  he  was  let  out  by  the  night-porter 
and  hurried,  as  the  man  has  deposed,  nervously  and 
restlessly  out  into  the  night. 

"As  to  the  object  of  his  nocturnal  excursion  he 
has  maintained  a  stubborn  silence.  At  one  o'clock  he 
was  seen  by  the  witness  Nathalia  Stolzi  close  to  the 
place  we  may  describe  as  the  scene  of  the  murder." 

On  this  point  Dr.  Hagemeister  enlarged  at  weari- 
some length. 

"  At  half-past  one  he  came  home — heated  and 
restless  as  he  had  gone  out,  and  when  next  day  his 
arrest  was  decided  upon  by  the  investigating  magis- 
trate, he  behaved  like  a  madman  and  after  a  struggle 
had  to  be  handcuffed  and  confined  in  a  drunkard's 
cell. 

"  Later  he  has  been  extraordinarily  calm,  obsti- 
nately silent,  and  not  a  word  has  been  got  out  of  him 
to  explain  or  throw  light  on  what  happened  in  those 
night  hours. 


THE    TRIAL  197 

"  Of  Lord  Faringdon  nothing  is  known,  from 
seven  o'clock  when  he  left  the  hotel  and  took  the  7.16 
train  to  Frankfort,  no  one  has  seen  him,  no  one  has 
heard  anything  of  him,  until  his  body  is  found  next 
day  in  the  Park. 

"  On  this  point  the  magistrate,  Dr.  Braun,  has 
conducted  a  far-reaching  investigation;  all  that  is 
known  is  that  in  the  pocket  of  the  murdered  man  a 
return  ticket  from  Cronberg  to  Frankfort  was  found, 
which  makes  it  probable  that  he  was  at  Cronberg — 
but  no  one  saw  him  there,  and  how  he  came  back  to 
Homburg  no  one  can  guess. 

"  Witness  after  witness  has  strengthened  our  sus- 
picion, one  piece  of  evidence  has  been  added  to  an- 
other, and  the  thing  that  weighs  most  heavily  against 
the  accused  is  his  stubborn  silence.  You  will  now 
have  an  opportunity  of  hearing  all  these  voices,  you 
will  have  an  opportunity  of  seeing  and  hearing  the  ac- 
cused, and  then  it  will  be  your  duty  to  record  your 
verdict — of  course  the  counsel  for  the  defence  will 
also  appear  and  lay  claim  to  your  attention. 

"  In  conclusion  let  me  add  that  it  is  Dr.  Sterner 
who  by  his  able  treatment  of  the  case  has  collected 
the  bulk  of  the  evidence,  and  that  in  spite  of  creditable 
work  on  the  part  of  his  successor,  Dr.  Braun,  nothing 
new  of  importance  has  been  added.  Dr.  Sterner  made 
way  in  deference  to  the  wishes  of  the  wife  of  the  ac- 
cused ;  and  Dr.  Braun  has  shown  that  his  predecessor 
earnestly  recommended  him  to  try  to  get  at  facts 
which  might  be  in  favour  of  the  accused,  but  these 


198     THE    MAGISTRATE'S    OWN    CASE 

attempts  have  not  been  successful.  It  would  be  unjust 
to  regret  that  Dr.  Sterner  did  not  complete  the 
preparation  of  the  case;  there  can  be  no  doubt  that 
he,  who  from  personal  grounds  felt  himself  called  to 
support  the  wife  of  the  accused  in  her  helpless  condi- 
tion, gave  up  a  task,  which,  if  he  had  carried  it  out 
to  the  end,  must  have  made  it  impossible  for  him  to 
occupy  the  position  he  wished  to  occupy,  and  to  which 
he  was  peculiarly  fitted  by  considerations  of  civil 
law.  I  touch  upon  this  point  expressly,  gentlemen 
of  the  jury,  in  order  that  you  may  see  that  the 
magistrate  was  by  no  means  the  enemy  of  the  ac- 
cused, but  on  the  contrary  that  he  has  allowed  room 
for  criticism  of  all  his  steps,  before  his  work  comes 
before  you." 

Dr.  Hagemeister's  speech  furnished  no  surprises; 
thus  the  case  stood,  and  now  they  would  see  what  the 
evidence  produced.  ' 

The  evidence  began  immediately  after  the  speech 
for  the  prosecution  and  lasted  for  three  sittings  of 
the  court.  All  were  agreed  that  it  was  disappointing; 
Dr.  Sterner  had  arranged  the  case  in  a  dry  and  sober 
fashion,  and  Dr.  Braun  had  followed  in  his  footsteps. 
But  on  the  third  day  it  seemed  as  though  something 
new  would  come  out.  It  was  the  witnesses  for  the  de- 
fence who  were  being  examined.  But  their  evidence 
seemed  to  have  nothing  to  do  with  the  murder,  it  was 
concerned  with  all  kinds  of  scattered  facts  about  the 
lives  of  Saarbriicken,  Lord  Faringdon  and  Lizzie 
Saarbriicken,  and  what  surprised  people  most  of  all 


THE    TRIAL  199 

was  that  these  witnesses  also  spoke  of  many  things 
connected  with  Dr.  Sterner's  private  life. 

There  was  yet  wanting  the  speech  that  was  to  bind 
all  these  statements  into  a  comprehensible  whole. 

But  something  was  to  be  expected  when  Isidor 
Rosenthal  rose  to  speak,  and  the  papers  were  agreed 
that  in  this  case  the  chief  interest  would  lie  in  the 
defence. 


CHAPTER    THREE 

ISIDOR  ROSENTHAL'S  position  with  regard 
to  Saarbriicken  was  a  double  one.  In  the  first 
place  he  was  counsel  for  a  man  who  was  accused 
of  murder  and  against  whom  a  considerable  amount 
of  evidence  had  been  obtained;  in  the  second  he  was 
lawyer  to  the  head  of  a  firm  whose  ruin  had  been 
brought  on  by  that  head's  foolish  and  reckless  mis- 
management. In  his  first  capacity  Rosenthal  was  full 
of  benevolence;  during  his  conversations  with  Saar- 
briicken he  worked  himself  up  to  the  height  of  confi- 
dent belief  in  his  client  which  was  to  lend  his  great 
speech  that  ring  of  heartiness  that  should  influence  the 
feelings  of  the  audience  and  decide  the  verdict  of  the 
jury.  But  in  his  other  capacity  Rosenthal  was  any- 
thing but  amiable;  it  was  indeed  totally  opposed  to 
the  advocate's  whole  nature  to  be  well-disposed  to  a 
ruined  man,  whose  ruin  threatened  himself  and  his 
best  clients. 

But  there  was  another  point  that  decided  his  atti- 
tude to  Saarbriicken  personally.  As  matters  stood, 
Saarbriicken  was  compelled  in  all  respects  to  look  to 
Rosenthal  as  his  sole  salvation.  He  had  suffered  a 
good  deal  from  his  detention  in  prison  and  the  mental 


THE    TRIAL  201 

strain,  but  still  his  misfortunes  had  not  been  able  to 
break  down  the  calm  which  was  the  most  conspicuous 
trait  of  his  character.  If  Rosenthal  succeeded  in  get- 
ting him  acquitted  and  he  became  a  free  man  again, 
it  was  not  quite  certain  whether  Rosenthal  would  be 
able  to  lead  him  wherever  he  liked;  Saarbriicken  was 
like  a  colossus,  you  could  neither  cut  nor  pierce  him. 
There  was  community  of  goods  between  him  and  his 
wife,  and  if  the  English  authorities  represented  by 
Sir  Longland  Hearne  would  pay  over  the  legacy, 
everything  would  be  in  order.  But  Sir  Longland 
Hearne  was  evidently  a  careful  man,  he  was  on  the 
side  of  Sterner,  and  besides  the  will  itself  contained 
phrases  which  might  be  variously  interpreted,  or  in 
any  case  might  furnish  material  for  protracted  litiga- 
tion, to  determine  whether  it  was  to  be  assumed  that 
the  legacy,  as  "  reserved  "  estate  should  fall  to  Mrs. 
Lizzie  Saarbriicken  as  her  private  property.  The 
legacy  amounted  to  about  two  and  a  half  million 
marks,  and  that  meant  that  the  house  of  Fiirste  & 
Wienecker  would  be  saved,  if  it  fell  to  the  couple 
as  their  joint  property;  if  on  the  other  hand  it 
was  treated  as  the  private  property  of  the  wife,  the 
firm  of  Moritz  Rosenthal  &  Co.  were  left  with 
a  debt  of  a  million  which  would  not  be  easy  to 
collect. 

It  was  therefore  important  for  Rosenthal  to  make 
use  of  the  time,  while  Saarbriicken  was  sitting  in 
prison  as  a  helpless  captive,  to  bind  him  to  take  just 
those  steps  his  advocate  desired  when  he  was  once 


202     THE    MAGISTRATE'S    OWN    CASE 

more  free.  Of  course  he  must  first  be  saved,  but  it 
was  a  natural  consequence  that,  if  this  did  not  suc- 
ceed, then  the  financial  side  of  the  case  was  also  hope- 
lessly lost — and  Rosenthal  never  gave  up  hope. 

On  the  same  day  as  the  evidence  in  the  trial  had 
been  completed  he  went  to  the  prison  to  speak  to  his 
client  for  the  last  time  before  the  great  fight. 

Saarbriicken  was  nervous,  and  Rosenthal  was 
therefore  gentle  with  him,  at  least,  so  long  as  he  was 
talking  about  the  murder  case.  He  consoled  the  pris- 
oner as  well  as  he  could  and  declared  that  he  was  not 
afraid  of  Dr.  Hagemeister  and  his  circumstantial  evi- 
dence. 

"  But,"  said  he,  "  we  must  now  look  a  little  at  the 
other  side  of  the  question,  the  financial  side.  You 
have  conducted  your  affairs  like  a  lunatic;  that  is  a 
fault  that  cannot  be  cured,  without  the  addition  of 
an  enormous  capital;  we  have  done  what  we  could, 
but  we  cannot  save  the  firm,  unless  more  money  comes 
into  it,  and  what  is  worse,  we  shall  lose  our  money. 
You  have  behaved  like  a  criminal  on  this  point,  and 
for  that  alone  you  have  deserved  the  misfortunes 
that  hitherto  have  befallen  you.  Therefore,  as  soon 
as  you  have  an  opportunity,  you  must  arrange  your 
affairs  with  your  wife.  You  are  not  yet  divorced,  but 
I  understand  from  you  that  you  once  gave  your  con- 
sent. That  is  an  important  point  in  the  murder  trial. 
Is  it  so?" 

'  Yes,"  answered  Saarbriicken  shortly. 

"  In  writing?  "  asked  the  advocate. 


THE   TRIAL  203 

"  No,  by  word  of  mouth — to  Lord  Faringdon,  the 
evening  it  happened." 

"  Right,"  said  the  advocate.  "  So  it  was.  And  that 
was  the  cause  of  Lord  Faringdon's  journey  to  Frank- 
fort— and  his  subsequent  excursion  to  ...  ."  The 
advocate  broke  off;  not  even  in  the  cell,  in  the  pres- 
ence of  the  prisoner,  would  he  produce  his  trump  card 
and  anticipate  the  great  surprise.  "  Then  it  amounts 
to  this,  that  you  have  not  given  your  consent  to  the 
divorce,  and  we  can  still  negotiate  with  Sterner,  for 
it  is  with  him  we  shall  have  to  deal." 

"  Never !  "  exclaimed  Saarbriicken  hotly.  "  I  will 
only  meet  that  man  at  24  paces,  with  pistols  in  our 
hands." 

"  Gently,  gently,"  said  the  advocate.  "  It  will  be  a 
long  time  before  you  get  the  chance,  and  besides,  I 
think  you  must  have  had  experience  enough  of  the 
unpleasantness  that  a  thirst  for  blood  may  occasion, 
especially  when  you  really  want  to  kill  people,  and  a 
magistrate  above  all  people,  who  has  had  your  case 
before  him  in  the  course  of  his  official  work.  No,  let 
me  do  what  has  to  be  done  with  Sterner;  there  are 
many  other  excellent  ways  of  hitting  a  man,  with- 
out having  recourse  to  bloodshed.  As  I  say,  leave 
him  to  me.  You  will  have  to  follow  my  instruc- 
tions implicitly.  We  are  willing  to  fulfil  the  wishes 
of  the  others,  if  necessary — of  course,  only  if  it 
becomes  necessary.  And  therefore  you  must  sign 
a  document  defining  your  claims  in  case  of  a  di- 
vorce." 


204     THE    MAGISTRATE'S   OWN    CASE 

Saarbriicken  glared  at  the  advocate;  then  he  col- 
lected his  thoughts. 

"  I  won't  separate  from  Lizzie — I  feel  that  now. 
I  have  repented  while  I  have  been  in  prison,  and  I 
know  she  will  forgive  me.  I  have  had  letters  from 
her,  beautiful  letters  of  consolation.  She  believes  in 
my  innocence  .  .  .  ." 

"  And  so  on,"  interrupted  the  advocate.  "  I  know 
the  whole  thing  better  than  you  do;  we  won't  talk 
about  that,  and  above  all  don't  let  us  be  sentimental 
here,  while  we  are  alone.  Here  you  are,  an  innocent 
man  in  prison;  your  wife  has  a  great,  warm  heart, 
she  takes  pity  on  you,  she  will  save  you  .  .  .  and 
so  on.  Drop  all  that  and  look  at  yourself  as  you  are : 
Knight  of  the  woeful  countenance  through  your  own 
fault;  and  then  you'll  see,  it's  another  tune  you  must 
sing.  No,  we  must  be  prepared  for  everything.  We 
agree  to  the  divorce,  if  she  will  provide  for  Fiirste 
&  Wienecker's  debts  regardless  of  what  decision 
the  Englishmen  may  come  to  about  the  legacy.  Full 
stop.  This  is  for  your  information,  not  for  discus- 
sion, and  you  must  bind  yourself  to  it  on  the  spot." 

Saarbriicken  stood  up. 

"  Does  that  mean  that  you'll  leave  me  in  the 
lurch?" 

"  Rubbish,"  said  the  advocate  in  a  tone  of  annoy- 
once.  "  I  am  your  counsel,  and  even  if  I  had  seen  you 
myself  boring  twelve  inches  of  cold  steel  into  this 
confounded  Englishman's  back,  it  would  be  my  duty 
to  wash  you  as  white  as  an  archangel  in  court.  But 


THE    TRIAL  205 

you  are  not  to  come  out  of  prison  like  a  beggar,  and 
we,  Moritz  Rosenthal  &  Co.  and  I  are  not  going  to 
lose  our  money  over  your  dirty  business.  You  must 
understand  that.  So  now  sign  as  I  told  you." 

Saarbriicken  hesitated. 

Rosenthal  stood  before  him,  looking  just  as  heart- 
lessly cold  and  harsh  as  an  oriental  financier  can,  when 
he  has  to  deal  with  a  penniless  beggar  who  has  failed 
on  those  points  where  he  never  fails. 

Saarbriicken  shuddered  and  sighed. 

After  that  the  advocate  became  friendly  again.  He 
patted  Saarbriicken  on  the  shoulder  and  smiled  pleas- 
antly. "  Cheer  up,  my  boy,  I  promise  you  it  will  be 
all  right." 

The  advocate  was  turning  to  go,  but  stopped  at  the 
door. 

"  One  more  thing.  You  once  confided  to  me  that 
on  the  eventful  night  you  spent  an  hour,  let  us  say, 
billing  and  cooing  with  a  lady;  I  have  made  use  of 
this  in  my  speech  for  the  defence,  and  I  think  it  will 
go;  but  for  my  own  sake  I  must  know  a  little  more. 
I  am  bound  not  to  betray  you,  you  know,  the  name 
will  go  no  further  than  myself.  But  you  must  tell  me 
who  it  was." 

"  I  will  not,"  said  Saarbriicken  defiantly;  his  anger 
had  not  subsided,  and  for  the  first  time  he  felt  a  real 
distrust  of  this  man,  who  was  so  different  from  him- 
self. 

'  You  must,"  said  the  advocate  shortly.  "  I  will 
know  it.  If  it  is  a  lie,  then  I  shall  pass  it  by,  and  you 


206     THE    MAGISTRATE'S    OWN    CASE 

yourself  must  bear  the  responsibility.  You  are  not 
going  to  fool  me ;  what  lies  are  to  be  told  in  this  case 
are  my  business,  but  to  me  you  have  got  to  tell  the 
truth.  Come  on  with  the  name." 

Saarbriicken  hesitated,  and  then  said  slowly: 
"  Giulia  Delphini." 

"  Giulia  Delphini !  "  The  advocate  stepped  back 
in  surprise.  "  The  unapproachable,  the  beautiful  wife 
of  the  Italian  banker,  who  lived  in  the  cottage  near 
the  scene  of  the  murder.  Well,  I  must  say.  She — 
turns  eburnea^  as  d'Annunzio  says.  Saarbriicken,  you 
have  mismanaged  your  chances  in  life.  So  that  was 
why  you  were  seen  close  to  the  scene  of  the  murder. 
But  how  could  this  woman  Stolzi  find  her  master  and 
mistress  peacefully  engaged  in  packing,  and  how  on 
earth  could  you  let  such  a  conquest  escape  you  so 
quickly?  " 

Saarbriicken  blushed. 

"  It  was  an  innocent  meeting — not  the  first.  I  left 
the  house  by  a  back  door  before  the  husband  came. 
Madame  Giulia  had  sent  the  maid  out  to  be  alone 
with  me." 

"  Well  " — said  the  advocate — "  I  can  tell  you,  if 
we  could  use  this,  I  believe  it  would  do." 

"  Impossible!  "  said  Saarbriicken  hastily.  "  I  have 
your  word.  Delphini  is  as  jealous  as  Othello.  You 
have  given  me  your  word  of  honour,  Mr.  Rosenthal; 
it  will  be  criminal  if  you  don't  keep  it." 

"  Don't  alarm  yourself,  Saarbriicken,  I  always 
keep  my  promises,  and  even  as  it  is,  this  may  go  down 


THE    TRIAL  207 

very  well.  It  is  reassuring  to  me  to  know  that  you 
had  a  particularly  strong  reason  for  being  in  a  place 
where,  in  the  circumstances,  it  would  have  been  just 
as  well  if  you  had  not  been.  That's  all  right.  I'm 
satisfied  with?  you  to-day,  Saarbriicken,  and  you  will 
be  more  than  satisfied  with  me  to-morrow." 

Rosenthal  shook  his  -hand,  lightly  rather  languidly, 
as  was  his  way,  and  left  him. 

But  Saarbriicken  sank  down  on  his  prison  chair 
and  buried  his  face  in  his  hands. 


CHAPTER    FOUR 

DR.  STERNER  sat  in  his  study,  busy  with  an 
unimportant  larceny  case,  one  of  those  which 
unprofitably  take  up  three-quarters  of  a 
magistrate's  time.  It  was  a  piece  of  work  that  had  to 
be  done :  a  poor  wretch  who  had  never  had  a  chance, 
and  who  was  to  be  forced  along  the  road  of  punish- 
ment and  its  consequences,  new  misery  and  new 
crime.  It  was  late  in  the  afternoon  of  the  same  day 
that  Rosenthal  had  paid  his  visit  to  Saarbriicken  in 
prison. 

There  was  a  timid  knock  at  the  door. 

"  Come  in,"  said  Sterner  without  turning  round — 
his  voice  sounded  rather  harsh,  he  hated  being  dis- 
turbed at  his  work. 

The  door  was  opened  softly  and  closed  almost 
noiselessly;  he  turned  slowly — then  sprang  up  and 
stood  staring  at  his  visitor. 

"Lizzie!" 

She  bent  her  head. 

"  You  here — you  come  to  me? — you  really  come 
to  me!" 

"  Yes,"  she  said  in  a  faint  voice;  "  I  suppose  it  is 

not  right — but  I  had  to.  I  have  had  no  rest  the  last 

208 


THE   TRIAL  209 

few  days,  the  last  few  nights ;  I  must  speak  to  you,  I 
must  speak  out  with  you  .  .  ." 

Sterner  pushed  a  deep,  comfortable  armchair 
towards  her,  and  she  sat  down. — She  was  in  black, 
and  looked  pale  and  nervous,  but  there  was  a  certain 
firm  expression  on  her  lips  which  he  did  not  recognise 
from  old  days,  but  which  he  had  noticed  lately  when 
he  visited  her  and  talked  in  a  purely  businesslike  way 
about  the  things  he  had  to  settle  with  her.  For  their 
conversations  now  never  rose  above  the  level  of  busi- 
ness— he  had  offered  her  his  services  as  an  expe- 
rienced and  skilled  man  of  business,  he  knew  that  peo- 
ple's tongues  were  busy  about  her  and  him;  if  only 
they  had  known  what  it  was  they  talked  about. 

And  yet  in  both  of  them  a  fire  was  smouldering 
under  the  ashes,  which  a  chance  word  might  fan  into 
a  flame.  Sterner  had  told  the  truth  that  day,  when 
he  saw  her  at  Falkenstein  after  the  examination. 
When  he  met  her  again  after  a  separation  of  years, 
he  understood  that  it  was  she — she  alone — and  she 
—she  avoided  him,  but  her  eyes  said  what  her  lips 
would  not  utter. 

Now  she  was  here  in  his  room,  and  she  had  come 
of  her  own  accord,  to  speak  to  him  in  private. 

Sterner  said  nothing — it  was  for  her  to  speak. 

She  stammered  a  little ;  it  was  as  though  she  were 
afraid  of  saying  too  much,  but  gradually,  as  she 
spoke,  her  words  became  more  firm  and  her  cheeks 
were  tinged  with  red. 

"  I  could  find  no  rest,  I  had  to  speak  to  you ;  I 


210    THE    MAGISTRATE'S    OWN    CASE 

know  that  you  are  clever,  that  you  know  what  is  right 
to  do,  and  just  now,  now  I  must  ...  I  think  it  is 
my  duty  as  well  as  yours  to  act.  I  shuddered  in  court 
when  I  heard  all  that  they  had  got  together  against 
him !  he  is  innocent,  he  has  his  faults,  his  great,  ugly 
faults,  but  he  did  not  murder  Cecil.  He  is  not  a  mur- 
derer, and  they  must  not  condemn  him  to  death  as 
a  murderer.  I  don't  understand  how  all  that  which 
they  call  circumstantial  evidence  can  convict  him,  and 
yet  I  could  see  how  they  all  believed  in  his  guilt,  all 
these  strange  unsympathetic,  inquisitive,  indifferent 
people,  who  seemed  to  be  just  waiting  for  his  death. 
I  tell  you,  it  horrified  me.  That  is  why  I  come  to  you 
to  beg  you  to  save  him.  You  can  do  it,  you  alone,  and 
you  must  not  deny  me  this.  What  do  I  care  about  all 
that  you  and  Hearne  are  doing  for  me  ?  I  don't  want 
all  their  money ;  if  it  can  save  his  life  then  take  it  all, 
take  every  penny.  I  have  only  room  for  one  thought, 
one  wish — you  must  save  this  man,  he  is  innocent." 

Sterner  said  nothing — involuntarily  he  shook  his 
head. 

'  Yes,  yes,"  she  exclaimed  eagerly — "  he  is  inno- 
cent. Nobody  can  know  anything  about  what  hap- 
pened— you  as  little  as  anyone  else;  but  I  feel  it,  I 
know  it,  do  you  hear? — he  is  innocent.  I  spoke  to 
you  of  conditions — there  is  no  condition — you  know 
yourself  what  I  feel  for  you ;  we  cannot  talk  of  con- 
ditions, but  only  of  this  that  I  beg  and  entreat  you : 
Save  him. — For  everyone  says  it  is  you  that  will  con- 
vict him.  I  come  to  you,  you  cannot  be  mistaken 


THE    TRIAL  211 

about  me,  you  know  that  it  is  only  pity,  that  all  the 
feelings  a  woman  can  have  for  a  man  are  yours,  you 
know  that  I  am  yours,  as  I  always  have  been,  as  I 
always  will  continue  to  be — but  now  you  must,  I  say, 
you  must  save  this  man." 

She  rose  and  went  towards  him. 

Sterner  also  rose,  trembling  with  emotion. 

She  put  her  arm  on  his  neck  and  he  bent  his  head 
towards  hers. 

Neither  of  them  spoke  a  word. 

The  minutes  passed — it  was  as  though  the  past 
was  obliterated,  as  though  they  met  now  for  the  first 
time,  quite  different  from  their  former  selves,  quite 
alone. 

Sterner  was  the  first  to  speak. 
'  Thanks  for  coming,  Lizzie — thanks  for  wiping 
out  of  your  own  accord  that  word  conditions,  which 
has  burnt  itself  into  my  brain  from  the  hour  you 
spoke  it.  Now  you  are  mine — then  give  me  your  full 
confidence  and  believe  that  whatever  I  may  do  and 
however  I  may  act,  it  will  be  all  for  you.  There  is  a 
Providence  watching  over  us  human  beings,  which 
sometimes  arranges  our  affairs  so  that  we  can  act  ac- 
cording to  our  wishes.  This  Providence  is  watching 
over  us.  Be  patient,  it  will  turn  out  as  you  wish. 
But  this  hour  belongs  to  us ;  trust  in  me  and  give  me 
this  hour  wholly,  undivided,  as  the  holy  hour  that  is 
mine  alone." 


CHAPTER   FIVE 

THE  court  was  crowded  to  suffocation ;  it  was 
known  that  to-day  Isidor  Rosenthal  would 
speak,  and  he  was  known  to  be  the  most  elo- 
quent advocate  of  Frankfort.  His  speech  was  well 
prepared;  the  words  of  individual  witnesses,  the 
scenes  during  the  hearing  of  evidence,  and  many  hith- 
erto incomprehensible  allusions,  had  already  deter- 
mined what  lines  the  address  was  to  take.  Everyone 
understood  that  there  was  no  question  of  a  rebutting 
of  the  evidence,  there  would  be  no  attempt  at  finding 
excuses  or  explanations,  but  a  regular  attack  upon  the 
persons  engaged  in  the  prosecution,  and  above  all 
upon  the  examining  magistrate  who  had  taken  the 
first  steps  in  the  case.  And  nothing  could  have  been 
more  to  the  taste  of  the  public.  All  these  men  and 
women,  with  their  fists  clenched  against  the  mur- 
derer, had  sought  shelter  beneath  the  protecting 
wings  of  justice,  calling  for  revenge — and  yet,  no 
sooner  was  a  powerful  voice  raised  against  this  pro- 
tection of  theirs,  against  the  institution  of  justice 
and  the  men  who  served  it,  than  the  whole  mob 
was  ready  to  turn  against  these  latter  and  to  raise 
the  hands  that  they  had  clenched  in  anger  against 


THE   TRIAL  213 

the  murderer,  upon  those  who  bore  the  sword  of 
justice. 

That  was  why  the  advocate  had  such  a  grateful 
task,  that  was  why  Isidor  Rosenthal  smiled  upon  the 
crowd,  as  he  rose  to  speak  for  the  defence.  He  glis- 
tened like  a  black  cat  in  the  twilight,  his  robe  lay  in 
graceful  folds  about  him,  his  linen  was  shining  white, 
his  black  hair  elegantly  parted  on  one  side ;  he  swayed 
a  little  from  the  hips  when  he  spoke,  and  when  he 
smiled  his  brilliant  teeth  showed  beneath  the  coal- 
black  moustache.  He  was  a  remarkably  handsome 
man  and  his  Oriental  features  bore  a  stamp  of  no- 
bility such  as  one  finds  in  an  Arabian  sheik.  There 
was  not  an  atom  of  energy  in  the  man  that  was  not 
put  to  some  purpose. 

After  formally  bowing  to  the  court,  he  began  to 
speak.  His  voice  was  thoroughly  trained,  deep  and 
sonorous;  he  seemed  to  form  his  sentences  like  one 
modelling  in  soft  clay,  but  when  formed  they  were  as 
hard  and  firm  as  marble. 

After  the  formal  introduction  he  went  on : 

"  In  the  year  1868  the  respected  Professor  Sterner, 
of  the  University  of  Kiel,  engaged  the  services  of  a 
young  woman  named  Elisa  Hansen,  daughter  of  a 
pilot  of  Danish  birth.  The  girl  had  received  a  good 
education  and  she  was  intrusted  with  the  elementary 
instruction  of  the  professor's  eldest  son,  Fritz  Ster- 
ner, whose  further  progress  on  the  path  of  knowledge 
has  brought  such  credit  to  his  family  and  his  country." 

Nobody  could  guess  what  the  advocate  was  driv- 


2i4    THE    MAGISTRATE'S    OWN    CASE 

ing  at.  Was  this  an  introduction  to  the  "  extenuating 
circumstances"?  Fritz  Sterner  looked  at  him  in  as- 
tonishment, with  a  strange,  uncertain  smile. 

The  counsel  proceeded: 

"  In  the  year  1871  this  young  woman  became  en- 
gaged to  an  English  sailor,  who  left  his  sweetheart 
to  take  his  ship  across  the  treacherous  billows  that 
were  to  be  his  grave.  The  year  drew  to  a  close  and 
Elisa  Hansen  gave  birth  to  a  daughter.  Gentlemen  of 
the  jury,  it  may  seem  to  you  that  I  am  wandering  far 
from  the  facts  that  form  the  groundwork  of  this  case, 
but  it  is  not  so.  That  child  which  was  born  at  Kiel 
in  the  year  1872  of  the  young  woman  whom  fate  had 
deprived  of  her  support  and  left  a  mourning,  unmar- 
ried widow,  was  Elisabeth  Saarbriicken,  the  wife  of 
the  man  against  whom  my  learned  friend  has  brought 
such  a  heavy  charge,  upon  whose  head  he  calls  for 
such  a  fearful  sentence.  Gentlemen  of  the  jury,  you 
will  understand  it  is  not  without  reason  that  I  have 
traced  the  fortunes  of  this  lady  so  far  back,  and  I  beg 
you  to  bear  in  mind  that  she  first  saw  the  light  of 
day  in  Professor  Sterner's  quiet,  peaceful  villa  on  the 
northern  fiord,  in  the  land  that  had  then  been  newly 
won  for  Germany.  Sterner  was  a  mild,  indulgent 
man,  and  he  proved  a  kind  master  to  the  young 
woman.  , 

'  The  lady  of  the  house  died,  and  this  young 
woman  continued  for  a  couple  of  years  in  the  learned 
man's  establishment.  Here  her  little  daughter  learned 
to  take  her  first  steps,  supported  by  the  hand  of  the 


THE   TRIAL  215 

ten-year-old  Fritz  Sterner.  The  Professor  married 
again,  and  the  house  received  a  new  mistress. 

'  Then  Elisa  Hansen  and  her  child  went  to  the 
family  of  the  little  girl's  father,  at  Rigsby  Abbey, 
near  Rochester  in  Kent.  The  child's  grandfather  was 
steward  to  Lord  Hugh  Laking,  sixth  Baron  Faring- 
don,  father  of  the  young  man  whose  sad  death  is  the 
cause  of  your  being  called  together  here;  you  will 
understand,  therefore,  gentlemen  of  the  jury,  why  I 
take  you  to  a  foreign  land,  to  a  nobleman's  seat  in 
England. 

''  There  the  child  grew  up,  and  her  mother  married 
a  trusty  clerk  in  the  office  of  his  lordship's  estate,  who 
bore  the  same  name  as  the  child's  father,  and  was  a 
cousin  of  his.  The  little  yellow-haired  girl  had  an 
aristocratic  playmate  in  young  Lord  Cecil,  who  was 
born  in  1871,  and  was  therefore  only  a  year  older 
than  Elisabeth.  In  1876  Lord  Faringdon  was  left  a 
widower,  and  the  industrious  German  lady  came  to 
occupy  a  situation  in  his  household  as  important  as 
she  had  had  in  the  German  professor's.  In  1881  she 
had  a  son  who  is  still  alive.  Time  went  on;  the 
children  grew  up.  Young  Lord  Faringdon  was  sent 
to  Eaton,  but  he  spent  his  holidays  at  home  with  his 
foster-sister,  who  grew  more  handsome  year  by  year. 

"  Fritz  Sterner  became  a  student  and  took  his  de- 
gree with  honours ;  the  worthy  professor  went  to  his 
last  rest,  and  the  town  and  university  raised  a  marble 
monument  to  him.  It  was  evident,  however,  that  a 
prouder  monument  would  be  raised  to  him  by  his  son, 


2i 6    THE    MAGISTRATE'S    OWN    CASE 

who  was  slowly  but  surely  making  for  himself  a  lead- 
ing position  among  his  fellows. 

"  We  now  come  to  the  year  1888.  Lord  Faringdon 
died  that  year;  an  accident  during  a  yacht  race  at 
Cowes  ended  his  life.  His  son  was  then  seventeen 
and  still  a  schoolboy.  Among  the  documents  of  the 
case,  which  will  be  laid  before  you,  gentlemen  of  the 
jury,  is  the  letter  which  the  young  lord  wrote  on  this 
occasion  to  his  childhood's  playmate.  The  same  acci- 
dent which  deprived  Lord  Faringdon  of  his  life  made 
Elisabeth's  mother  a  widow.  And  the  changes  that 
came  about  at  Rigsby  Abbey  decided  her  to  return  to 
her  native  country,  where  she  settled  at  Altona  with 
her  savings  and  opened  a  boarding-house  for  young 
gentlemen  who  through  their  studies  or  their  work 
were  obliged  to  live  away  from  home.  Among  the 
first  boarders  that  took  up  their  quarters  in  the  pleas- 
ant little  house  by  the  Elbe  was  Professor  Sterner's 
son,  the  young  Dr.  Fritz  Sterner,  and  once  more  the 
strange  chances  of  life  brought  together  the  two  who 
had  passed  their  childhood  under  the  same  roof." 

There  was  breathless  silence  in  the  court;  all  eyes 
were  turned  on  Sterner,  who  was  carelessly  leaning 
back,  apparently  without  a  notion  that  the  matter 
concerned  him.  Frau  Saarbrucken  bent  her  thickly 
veiled  head  and  fixed  her  eyes  on  the  floor: 

The  advocate  continued,  and  his  voice  was  as  soft 
as  that  of  the  sultana  Scheherazade  as  she  told  story 
after  story  to  her  lord  and  master  in  the  mild  Eastern 
nights : 


THE    TRIAL  217 

"  I  am  speaking  here  for  a  man's  welfare;  it  is  my 
task  to  lift  the  fearful  burden  of  accusation  from  the 
shoulders  of  the  innocent;  only  one  unhappy  person 
exists  for  me :  he  who  stands  here  before  you,  sorely 
tried,  oppressed  by  suspicion,  wearied  and  tormented 
by  long  imprisonment.  It  is  my  task  to  raise  this  bur- 
den from  his  shoulders ;  I  cannot  allow  myself  to  be 
restrained  by  consideration  for  others.  I  am  well 
aware  that  what  I  am  about  to  say  will  leave  a  painful 
wound,  will  tear  away  the  curtain  that  conceals  the 
most  sacred  privacy  of  other's  feelings,  but  so  it  must 
be.  Humanity  demands  that  the  life  and  secrets  of 
individuals  shall  be  of  smaller  consideration  than  the 
public  security,  which  is  the  corner-stone  of  society.  I 
shall  keep  strictly  to  the  path  I  have  laid  out  for  my- 
self, but  along  this  path  I  shall  go,  without  looking 
to  the  right  hand  or  to  the  left. 

'  The  two  were  young,  their  hearts  beat  warmly, 
and  their  common  memories  of  childhood  built  a 
charmed  grotto  over  them  both.  How  could  it  be 
otherwise?  It  is  the  old  story — the  story  of  life  as  it 
flows  like  a  river  between  green  banks. 

'  The  man  who  raised  the  charge  against  Helmuth 
Saarbriicken ;  the  man  who  got  together  the  formida- 
ble array  of  facts  upon  which  my  learned  friend  has 
based  his  awful  accusation;  the  man  who,  standing  at 
the  bar  of  justice,  called  you  together  in  the  name  of 
the  State  to  pronounce  sentence  upon  this  accused  per- 
son, was  the  same  who,  in  the  shady  gardens  by  the 
bank  of  the  Elbe,  took  in  his  arms  the  young  woman 


218     THE    MAGISTRATE'S    OWN    CASE 

whose  extraordinary  destiny  has  been  the  chief  cause 
of  our  being  here  to-day — prosecution  and  defence, 
judges  and  jury,  to  debate,  deliberate  and  decide. 

"  For  four  happy  years  were  Fritz  Sterner  and 
Elisabeth  Gross  engaged,  destined  to  be  man  and 
wife. 

"  In  the  spring  of  1893  Fritz  Sterner  started  on  a 
journey  to  the  south  and  made  a  stay  in  North  Italy 
and  Corsica.  It  is  to  this  journey  that  our  German 
criminology  owes  one  of  its  best  and  most  valuable 
works,  and  Fritz  Sterner's  studies  of  Italian  crime, 
his  masterly  refutation  of  Lombroso's  theories,  will 
always  remain  a  brilliant  monument  of  his  lucid 
powers  of  thought  and  splendid  penetration.  From 
Corsica  he  sent  his  fiancee  a  souvenir,  a  sharp  stiletto 
inscribed  '  Vendetta,'  the  fatal  weapon  which  now 
lies  before  you,  gentlemen  of  the  jury,  with  which  the 
bloody  deed  in  Homburg  Park  was  accomplished, 
according  to  my  learned  friend's  opinion.  If  this 
weapon  could  speak,  no  one  would  be  better  pleased 
than  I ;  but  it  is  dumb,  hard  and  cold.  The  gift  was 
accompanied  by  a  little  note,  which  circumstances 
have  placed  in  my  hands;  I  shall  now  read  it  to  you, 
gentlemen : 

'"Mv  OWN: 

'  I  send  you  a  little  sharp-pointed  dagger,  the 
messenger  of  vengeance  between  the  hot-blooded  sons 
of  these  mountains;  you  will  know  both  it  and  them 
from  Merimee's  Columba,  which  we  read  together 
when  you  were  so  anxious  to  learn  French  "properly." 


THE   TRIAL  219 

With  this  dagger  you  can  cut  the  sentimental  novels 
you  are  so  fond  of,  and  so  you  will  cure  it  of  its  thirst 
for  blood ;  in  any  case  those  novels  of  yours  are  blood- 
less enough.  I  have  bought  myself  the  mate  to  it, 
which  resembles  your  dagger  as  one  drop  of  water 
another.  I  use  mine  to  cut  books  of  jurisprudence 
and  to  stab  my  antagonist  Lombroso.  Thus  you  and 
I  will  wield  the  dagger  of  Vendetta  and  conquer  the 
world  of  books.  The  blood  we  seek  is  printing-ink. 
"  '  I  sharpen  my  sword  in  another  way,  you  know, 
but  if  it  comes  to  a  pinch,  the  dagger  is  not  a  weapon 
to  be  despised.  It  gives  a  firm,  short  stroke,  and  Italy 
is  the  land  of  ambushes ;  we  Germans  prefer  cudgels. 
But  that  you  don't  understand;  I  am  tired  and  an- 
noyed because  the  Government  has  called  me  back; 
and  I  have  only  half  finished.  This  and  the  dagger 
are  all  you  will  get  to-day. 

"  *  Your  own  FRITZ.' 

'  This  dagger,  then,  gentlemen  of  the  jury,  is  the 
weapon  with  which  the  murder  was  committed — this 
dagger  which  Dr.  Fritz  Sterner  six  years  ago  sent  his 
fiancee  from  Corsica ;  this  dagger,  the  mate  to  which 
lies  bright  and  shining  on  Dr.  Fritz  Sterner's  table. 

"  The  young  criminologist  returned  from  the  south 
that  winter,  was  transferred  to  Berlin,  and  in  the 
spring  of  1894  he  broke  off  his  engagement  to  Elisa- 
beth Gross.  I  have  said  that  my  course  goes  straight 
ahead;  I  do  not  wish  to  wound  anyone's  feelings;  I 
only  wish  to  bring  out  the  truth,  the  full  truth,  on 
behalf  of  him  whose  cause  it  is  mine  to  defend.  I 
have  a  letter  in  my  hand,  which  will  be  laid  before 
you,  gentlemen;  it  gives  the  reason  for  the  breaking 


220     THE    MAGISTRATE'S    OWN    CASE 

off  of  the  engagement.  I  must  say  here  what  this  rea- 
son was,  though  I  know  it  will  sound  unpleasant  in 
the  ears  of  some.  Dr.  Sterner  threw  over  his  fiancee 
because  she  was  poor;  and  because  his  worldly  ambi- 
tion pointed  out  to  him  the  means  of  getting  on,  he 
threw  her  over  to  engage  himself  to  the  daughter  of 
a  rich  banker,  Ephraim  Rosenthal,  a  first  cousin  of 
my  father." 

The  advocate  ceased  speaking.  Sterner  had  got  up 
and  for  some  time  had  been  carrying  on  an  earnest 
whispered  conversation  with  the  prosecutor.  The 
president  of  the  court  made  a  sign  to  the  defending 
counsel,  who  paused.  Sterner  and  the  president  ex- 
changed hurried  whispers,  and  an  audible  murmur 
passed  through  the  crowd  in  court.  It  seemed  that 
Sterner  was  much  excited.  The  president  was  calm 
and  exchanged  a  few  words  with  his  colleagues  on 
the  bench,  the  two  other  judges  who  together  with 
him  formed  the  court.  After  a  short  consultation  the 
president  gave  the  advocate  a  sign  to  proceed,  and 
all  eyes  followed  Sterner,  as  with  clenched  teeth,  very 
pale  and  evidently  greatly  excited,  he  made  his  way 
through  the  crowd  and  left  the  court. 

Frau  Elisabeth  Saarbriicken  sat  leaning  forward, 
with  her  head  supported  on  her  finely  shaped  hand. 
Her  face  was  hidden  by  a  veil  and  her  figure  was 
quite  immovable. 

Isidor  Rosenthal  continued: 

"  Gentlemen,  I  beg  you  to  forgive  this  long  intro- 
duction ;  you  will  see  later  on  that  every  word  in  it  is 


THE   TRIAL  221 

of  consequence.  I  now  pass  to  the  description  of  the 
protagonist  in  this  drama>  the  man  whose  defence  it 
is  a  duty,  an  honour  and  a  proud  thing  for  me  to  un- 
dertake." 

The  advocate  then  began  in  picturesque  language 
to  sketch  a  portrait  of  Helmuth  Saarbriicken ;  he  fol- 
lowed him  from  the  cradle  onwards,  brought  out  one 
incident  after  another  of  his  youth  and  manhood, 
dwelt  on  his  yachting  expeditions,  told  how  at  the 
risk  of  his  own  life  he  had  twice  saved  people  from 
perishing  in  the  waves,  described  him,  in  short,  as  a 
hero,  a  worthy  son  of  the  German  race,  whose  prog- 
ress throughout  the  world  is  equivalent  to  the  victory 
of  civilisation  and  justice. 

Rosenthal  knew  his  audience.  Saarbrucken's  na- 
ture was  of  the  bright,  strong,  Viking  type  that 
the  Germans  prize  and  adore;  his  figure  was  that 
of  the  knight  who  lives  in  the  legends  of  the  Rhein- 
gau,  the  hero  of  fairy-tales  where  the  vine  flourishes 
and  the  Lorelei  strikes  her  harp  by  the  steep  banks 
of  the  Rhine.  His  deep,  sonorous  voice  drew  a 
gleaming  picture  surrounded  by  a  wreath  of  vine- 
leaves,  a  picture  that  made  the  susceptible  hearts  of 
the  Rhinelanders  beat  high,  their  cheeks  glow  and 
their  eyes  shine. 

'Then  in  the  autumn  of  1894  this  man  met  at 
Altona  Fritz  Sterner's  rejected  fiancee-  he  fell  in 
love  with  her  and  offered  her  marriage.  She  answered 
him  honestly  that  her  heart  had  received  a  mortal 
wound,  that  she  could  not  give  him  her  love ;  and  he 


222     THE    MAGISTRATE'S    OWN    CASE 

asked  her  in  spite  of  that  to  be  his.  She  accepted  his 
hand  and  became  his  wife.  He  brought  her  away 
from  her  home  with  its  sad  memories,  and  strove  to 
create  new  and  happy  surroundings  for  her  in  the 
city  on  the  Main.  He  did  not  succeed.  Married  hap- 
piness can  spring  only  from  love,  and  her  heart  was 
doomed  to  silence.  In  vain  he  sought  to  rouse  it  from 
its  heavy  torpor.  The  marriage  remained  childless; 
the  rays  of  happiness  that  shine  in  children's  smiles 
never  shed  their  light  in  the  cold,  stately  rooms  of 
the  old  house  by  the  quays,  where  they  had  made 
their  home.  Helmuth  Saarbriicken  strove  for  two 
years  to  win  his  wife's  love;  he  could  gain  only  her 
confidence  and  respect.  Then  he  tired  of  the  struggle. 
I  am  not  here  to  reproach  him,  and  I  shall  not  speak 
of  the  consolation  he  sought  elsewhere,  but  when  my 
learned  friend  calls  him  a  profligate  and  a  libertine, 
then  I  say  No !  Helmuth  Saarbriicken  is  no  libertine ; 
he  may  be  a  warm-blooded  man  to  whom  life  has 
denied  the  joy  of  lawful  love,  which  centres  round  the 
hearth  in  lasting  happiness,  but  at  the  same  time  he 
is  a  noble  man,  who,  in  a  case  where  his  life  is  at 
stake  has  commanded  me,  his  defender,  to  preserve  a 
secret,  which  would  prove  his  alibi  and  his  innocence, 
simply  to  guard  a  lady's  honour!  " 

At  this  the  audience  came  near  to  raising  a  cheer 
for  the  hero  Saarbriicken ! 

The  advocate  proceeded: 

"  Then  it  happened  last  autumn  that  Frau  Saar- 
brikken's  brother,  Johan  Georg,  was  severely  at- 


THE   TRIAL  223 

tacked  by  consumption,  and  was  sent  to  Dr.  Dett- 
weiler's  sanatorium  at  Falkenstein,  where  Fritz 
Sterner's  sister  lives,  as  the  wife  of  our  celebrated 
townsman,  Dr.  Immermann.  Fritz  Sterner  visited  his 
sister,  and  after  an  interval  of  five  years  found  the  re- 
jected sweetheart  of  his  youth  as  the  wife  of  another. 
He,  too,  had  stood  by  a  sick-bed  in  the  same  place. 
His  fiancee,  Fraulein  Ruth  Rosenthal,  after  lying 
hopelessly  ill  at  Falkenstein  for  six  months,  had  died, 
and  his  dreams  of  wealth  through  this  marriage  had 
come  to  naught. 

"  Here,  I  say,  he  met  again  his  rejected  sweet- 
heart, and  she  loved  him  still — him  whom  she  had 
never  forgotten,  for  whom  her  faithful  heart  still  beat 
in  the  same  deep  love.  Gentlemen  of  the  jury,  you 
should  mark  well  what  I  am  about  to  say,  but  I  beg 
you  not  to  attach  more  importance  to  it  than  I  attach 
myself.  It  is  a  fact,  nothing  more.  As  in  this  case 
I  am  protesting  against  more  weight  being  attached 
to  the  facts  than  they  naturally  contain,  I  should  be 
the  last  to  force  more  meaning  into  these  circum- 
stances than  the  facts  warrant.  > 

"  Fritz  Sterner  had  at  his  own  request  spent  six 
months  in  England,  with  the  object  of  studying  Eng- 
lish law.  He  was  attached  to  the  office  of  the  well- 
known  English  solicitor,  Sir  Longland  Hearne,  of 
London,  whose  name  my  learned  friend  has  made  such 
powerful  use  of  in  the  prosecution,  and  to  whom  I  re- 
spectfully defer.  What  my  learned  friend  has  told  you 
about  this  distinguished  English  lawyer  and  about 


224    THE    MAGISTRATE'S    OWN    CASE 

the  will  which  made  Elisabeth  Saarbriicken  the  heiress 
of  Lord  Faringdon  is  true  word  for  word.  The  pe- 
culiar tone  in  which  the  statement  was  made  to  you, 
by  which  it  was  directed  against  my  client,  belongs  to 
my  learned  friend;  it  will  not  mislead  anyone.  I  let 
all  this  stand,  as  the  prosecution  has  stated  it,  as  far 
as  facts  go;  I  will  only  add  that  Dr.  Fritz  Sterner 
was  the  man  who,  in  the  course  of  his  training  in 
English  legal  documents,  sketched  this  will.  This  fact 
is  well  known;  he  himself  has  admitted  it;  if  I  men- 
tion it  here,  it  is  only  because  it  does  not  appear  in 
the  documents  of  this  case.  It  belongs  to  them,  and 
now  it  is  added  to  them. 

"  When,  therefore,  Dr.  Fritz  Sterner  met  again 
his  former  fiancee  at  Falkenstein,  he  was  aware  that 
besides  being  Saarbriicken's  wife,  she  was  Lord  Far- 
ingdon's  heiress.  He  talked  to  her;  he  had  frequent 
and  long  conversations  with  her.  He  had  no  reason 
for  telling  her  of  this;  why  in  the  world  should  two 
people  who  had  so  much  to  say  to  each  other  about 
their  common  memories  of  the  past  talk  about  the 
present  and  its  matter-of-fact  events?  If  Elisabeth 
Saarbriicken  had  not  forgotten  Fritz  Sterner,  then  he 
had  forgotten  her  just  as  little.  One  always  returns  to 
one's  first  love,  as  our  lively  western  neighbours  say. 
And  even  if  one  is  a  Prussian  criminal  judge,  one  is 
not  exempted  from  this  universal  rule. 

"  During  this  spring  the  young  and  promising 
jurist,  whose  career  seemed  to  lie  open  to  him,  ap- 
plied for  and  obtained  the  modest  post  of  magistrate 


THE    TRIAL  225 

at  Homburg  vor  der  Hohe.  It  was  thought  that  he 
came  here  to  be  near  the  place  where  his  fiancee  had 
fought  her  last  fight  and  now  lay  in  her  family  vault 
in  the  Mosaic  cemetery  at  Frankfort.  I  believe  I  may 
say  that  it  was  to  be  near  that  garden,  where  his  first 
and  only  love  was  blossoming  anew.  I  have  men- 
tioned the  fact  that  Dr.  Sterner  and  Frau  Elisabeth 
Saarbriicken  had  long  and  frequent  meetings  at  Falk- 
enstein,  where  she  visited  her  brother's  sick-bed,  and 
where  he  had  the  hospitality  of  his  sister. 

"  I  have  not  spoken  of  the  man  who  was  found  one 
day  murdered  under  the  thick  leaves  of  the  rhodo- 
dendrons in  the  park  of  Homburg.  That  is  to  say,  I 
have  described  only  the  young  lord  who  passed  his 
holidays  at  the  country-seat  in  Kent.  I  now  return  to 
him,  and  I  beg  you,  gentlemen,  to  follow  me  back  a 
few  years." 

The  clock  in  court  struck  its  firm  strokes,  and  the 
president  interrupted  the  advocate.  The  sitting  was 
at  an  end;  it  was  adjourned,  and  the  court  emptied 
slowly.  The  next  day  was  a  Jewish  festival,  and  the 
following  one  a  Catholic.  The  adjournment,  there- 
fore, was  for  two  days;  it  was  almost  too  much  for 
the  suspense  of  all  concerned. 

Isidor  Rosenthal  had  had  a  great  day;  his  friends 
flocked  around  him  and  shook  his  hand.  His  speech 
had  made  a  mighty  impression,  and  by  so  completely 
breaking  away  from  the  beaten  path  and  throwing  an 
entirely  new  element  into  the  case,  he  had  brought 
the  expectation  of  the  hearers  to  the  utmost  tension. 


226    THE    MAGISTRATE'S    OWN    CASE 

;'  What  does  he  mean?  "  "  What  does  he  want  to 
get  at?  "  everyone  was  asking.  "  Is  he  going  to  ac- 
cuse Sterner  of  using  his  official  position  in  order  to 
get  rid  of  the  man  who  stood  between  him  and  the 
woman  he  loved?  "  It  was  something  so  unexpected, 
so  brutal,  that  it  almost  sounded  like  a  romance  full 
of  incredible  paradox. 

Isidor  Rosenthal  smiled  and  said  nothing.  There 
was  nothing  to  be  got  out  of  him ;  he  quietly  let  people 
wait  till  the  next  sitting  of  the  court;  then  they  would 
find  out  what  his  object  was — his  object,  which  of 
course  was  nothing  but  the  removal  of  every  shadow 
of  suspicion  from  Helmuth  Saarbriicken. 

But  one  thing  leaked  out  in  the  business  world  of 
Frankfort — that  the  banking  firm  of  Moritz  Rosen- 
thai  &  Co.  had,  since  the  opening  of  the  trial,  satis- 
fied the  creditors  of  Fiirste  &  Wienecke  with  a 
reasonable  settlement  and  had  taken  over  the  sole 
management  of  that  firm's  affairs. 


CHAPTER   SIX 

STERNER  left  the  court  in  a  state  of  violent 
excitation.  He  had  expected  of  course  that  the 
advocate  would  attack  his  labours  in  the  case ; 
he  was  also  quite  prepared  to  be  paid  out  for  the 
rather  disobliging  way  in  which  he  had  received  Ros- 
enthal  on  their  first  meeting  in  connection  with  this 
affair;  but  he  had  never  dreamt  of  hearing  his  private 
life  exposed  in  turgid  language  before  the  gaping 
crowd.  Nor  had  he  expected  that  Isidor  Rosenthal, 
who  had  the  reputation  of  being  a  gallant  man, 
would  have  given  such  pitiless  publicity  to  Lizzie's 
concerns.  Sterner  had  been  engaged  to  Fraulein  Ros- 
enthal, a  relative  of  the  advocate;  her  family  had  been 
opposed  to  the  match,  because  Sterner,  like  many 
North  Germans,  was  not  very  friendly  disposed 
towards  the  plutocracy  of  Frankfort.  But  the  whole 
affair  was  in  reality  a  delicate,  extremely  romantic 
story;  the  struggle  of  a  poor  girl  with  a  fatal  illness 
upon  her  to  win  a  gleam  of  happiness;  and  Sterner 
had  anyhow  behaved  both  handsomely  and  chival- 
rously towards  her.  It  was  not  to  be  supposed  that 
the  man  who  had  been  represented  with  so  much  elo- 
quence— genuine  or  otherwise,  it  did  not  affect  the 

227 


228     THE    MAGISTRATE'S    OWN    CASE 

question — as  one  who  for  the  sake  of  profit  had  de- 
serted the  love  of  his  youth,  as  the  advocate  called  it, 
renounced  his  bride,  should  appear  surrounded  by  a 
halo  to  the  crowd  of  chance  listeners  in  a  court  of 
law.  And  it  was  obviously  for  this  reason  that 
Rosenthal  had  dragged  the  matter  out — though 
Sterner  guessed  that  there  lay  a  deeper  reason  be- 
hind. 

But  it  was  quite  enough  that  this  man  had  flung  at 
him  the  accusation  of  meanness  that  lay  in  the  sug- 
gestion that  he  had  "  cherished  dreams  of  wealth  " 
through  this  projected  marriage. 

That  was  the  sting. 

In  "Lizzie  he  trusted  absolutely,  and  he  would  talk 
to  her  about  this  and  remove  every  doubt  Rosenthal's 
speech  might  have  raised;  he  knew  well  enough  he 
would  be  able  to  do  that,  and  one  day  they  would 
have  to  talk  of  old  times.  He  made  up  his  mind  that 
it  should  be  now,  and  determined  therefore  to  visit 
her  the  same  afternoon  at  her  home. 

His  indignation  subsided  little  by  little,  and  he  re- 
gretted having  shown  signs  of  anger  in  court.  It  was 
unwise,  and  he  determined  for  the  future  to  have 
more  command  over  himself.  Lizzie  especially  must 
not  notice  that  he  was  uneasy.  And  he  was  uneasy. 
He  did  not  undervalue  Rosenthal's  ability,  and  he 
understood  very  well  that  this  was  only  an  introduc- 
tion; for  Lizzie,  who  was  so  much  taken  up  by  the 
thought  of  saving  the  man  who  was  still  her  husband 
from  being  condemned  as  a  murderer,  it  could  only 


THE   TRIAL  229 

be  reassuring  to  feel  that  his  defence  was  being  ably 
carried  on;  but  for  Sterner  himself,  who  held  what 
he  called  the  last  cards,  the  question  of  how  the  de- 
fence was  conducted  was  one  of  great  importance, 
and  if  it  undermined  his  authority,  it  could  only 
damage  him  in  the  case. 

For  a  moment  he  had  an  idea  of  going  to  see  Ros- 
enthal,  but  he  gave  it  up  immediately.  After  what 
had  taken  place  it  was  impossible.  Nor  could  he  ap- 
ply to  the  President;  he  had  committed  the  mistake 
of  trying  to  induce  that  official  to  interpose  against 
Rosenthal.  The  President  had  very  properly  de- 
clined to  do  so  and  had  called  Sterner's  attention  to 
the  fact  that,  as  an  official  who  had  been  connected 
with  the  case,  he  had  a  formal  right  to  speak  in  court 
during  the  trial.  This  was  correct ;  there  was  nothing 
more  to  be  said. 

But  Sterner  was  nervous. 

Lizzie  must  not  notice  anything.  He  went  to  see 
her  and  proposed  a  visit  to  Falkenstein  in  the  glorious 
autumn  weather.  At  first  she  said  no,  but  Sterner  in- 
sisted and  carried  the  day.  They  took  the  train  to 
Cronberg  and  walked  together  up  the  steep  hill  to 
the  ruins  of  the  old  robbers'  castle. 

There  they  sat  down  under  the  great  lime-tree ;  the 
place  was  lonely  and  no  passers-by  disturbed  their 
conversation. 

As  was  natural,  they  talked  of  the  scene  in  court; 
Lizzie  was  sorrowful,  shy,  and  retiring;  Sterner  re- 
solved to  speak  out.  It  was  his  object  to  give  her 


230    THE    MAGISTRATE'S   OWN    CASE 

encouragement,  and  above  all  to  conceal  the  nervous- 
ness that  continued  to  plague  him. 

They  spoke  of  Rosenthal's  offensive  attack,  and 
Sterner  did  not  spare  his  opponent : 

"  While  this  charlatan  was  speaking  I  felt  for  the 
first  time  how  wretchedly  empty  the  art  of  oratory  is. 
He  did  not  know  you,  he  did  not  know  me.  He 
talked  of  our  love,  as  love  is  described  in  bad  novels. 
And  yet  it  sounded  so  natural  to  the  others.  It  was 
lies  every  word — lies.  What  does  he  know  about  what 
I  felt?  What  does  he  know  about  your  motives?  He 
talked  about  tearing  aside  the  curtain  that  conceals 
the  holy  of  holies.  The  mummer  stood  before  his 
booth  and  gave  a  pantomine  for  the  benefit  of  his 
honoured  public,  who  paid  him  by  the  applause  he 
was  angling  for.  He  read  to  the  mob  a  couple  of  my 
letters  to  you — your  letters  that  you  sent  me  in  your 
anger  and  which  I  destroyed,  because  I  do  not  care 
for  keeping  letters  which  have  reached  their  destina- 
tion. Madame  Schultz  must  have  found  an  opportu- 
nity of  stealing  some  of  them ;  God  knows  what  use 
the  old  woman  thought  she  could  make  of  them.  But 
now  she  must  have  sold  them  to  Schaltz. — Can  you 
understand  how  this  annoyed  me  ? — I  was  not  angry, 
my  vexation  was  eating  into  me,  because  it  was  all 
lies,  such  thumping  lies  as  a  man  can  invent  when  he 
keeps  within  a  few  points  of  the  truth.  Try  to  play  a 
Beethoven  sonata  half  a  tone  false  all  through ;  it  will 
be  a  concert  fit  to  be  performed  in  Dante's  Inferno— 
and  it  was  just  that  Rosenthal  did  to-day.  Sometimes 


THE   TRIAL  231 

he  was  half  a -tone  too  high,  sometimes  half  a  tone 
too  low,  there  wasn't  a  true  note  in  his  speech.  It 
was  disgusting. 

"  And  those  idiots  swallowed  it  all. 

"  That's  why  I  went — I  wouldn't  listen  to  it,  I 
wanted  to  get  out  into  the  open  air,  under  the  free 
sky. 

"  But  it's  no  use  talking  about  it;  it's  over  and  done 
with,  and  for  you  and  me  it  doesn't  matter;  now  I 
am  calm  again  and  don't  grudge  the  fellow  his 
success." 

Lizzie  looked  at  him  seriously.  "  Don't  you  think 
it  did  us  good  to  hear  this?  We  have  both  sinned, 
you  against  me  and  I  against  you,  and  this  was  our 
punishment." 

Sterner  made  a  face. — "  Dear  Lizzie,  you  mustn't 
talk  like  that.  Can't  you  understand  how  perfectly 
indifferent  it  is?  It  was  only  that  it  sounded  so  ugly, 
so  repulsive  in  the  false  notes  of  that  man's  speech. 
In  itself  the  whole  story  is  clear  and  good,  and  even 
beautiful. 

"Ruth  Rosenthal  was  a  strange  girl;  you  know, 
we  met  in  Corsica ;  she  was  consumptive,  condemned 
to  death,  and  she  knew  it.  She  conceived  an  affection 
for  me,  and  used  to  say  playfully  that  death  should 
not  cheat  her  of  the  only  joy  her  life  had  offered  her. 
That  was  romantic — she  was  romantic.  She  was  mar- 
vellously handsome,  with  a  gentle,  Oriental  kind  of 
beauty,  and  she  was  the  cleverest  woman  I  have 
known;  when  only  twenty  she  possessed  a  store  of 


232    THE    MAGISTRATE'S    OWN    CASE 

knowledge  such  as  I  have  never  met  with  before.  It 
was  a  whim  of  hers,  a  fantastic  idea;  you  remember 
the  letter  she  wrote  to  you — you  did  not  answer  be- 
cause you  did  not  understand  her.  She  wrote  that  in 
two  years  she  would  be  dead,  that  you  must  wait  two 
years.  I  told  her  no  lies;  I  admit  that  she  exercised 
a  wonderful  influence  over  me  during  those  days 
spent  under  the  southern  sun — but  I  did  not  love  her, 
and  I  did  not  lie  to  her. 

"  It  sounds  commonplace  and  stupid  when  I  say  it, 
but  I  could  not  find  it  in  my  heart  to  refuse  her — I 
humoured  her,  not  as  that  talking-machine  said  to- 
day, because  she  was  rich,  but  because  I  thought  it 
would  be  a  crime  to  deprive  her  of  her  happiness — 
what  she  called  her  happiness " 

Lizzie  interrupted  him. 

"  But  how  could  you — you  who  were  mine,  who 
had  given  me  your  word?  " 

Sterner  took  her  hand.  "  I  could  then,  Lizzie,  and 
I  will  tell  you  why.  I  loved  you  the  day  I  saw  you 
here  at  Falkenstein  for  the  first  time  as  Saarbriicken's 
wife.  You  mustn't  take  your  hand  away,  Lizzie,  I'm 
holding  it  and  I  shall  hold  it  fast  forever.  But  that 
is  the  truth.  We  played  together  as  children,  we  pre- 
tended that  we  were  meant  for  each  other  when  we 
were  little.  We  met  again;  you  were  then  a  young 
woman,  just  entering  life.  Our  childhood's  friendship 
was  renewed,  and  in  our  inexperience  we  called  it 
love.  I  wonder  we  did  not  use  the  wrong  name.  No, 
Lizzie,  I'm  not  saying  this  to  excuse  my  conduct.  I 


THE   TRIAL  233 

feel  that  it  Is  in  no  need  of  excuses  and  I  stand  by  it. 
What  I  am  saying  is  true.  And  when  I  became  con- 
scious of  my  love  for  you,  when  we  met  again  the 
other  day,  I  felt  that  I  was  in  love  for  the  first  time. 
When  we  were  young,  when  we  exchanged  vows,  as 
he  put  it  to-day,  then  we  were  friends  and  compan- 
ions— and  those  were  happy  days — but  not  lovers.  I 
say  that,  because  now  I  know  what  love  is.  And  there- 
fore I  could  humour  Ruth  Rosenthal,  therefore  I 
could  be  false  to  you,  as  you  call  it — my  friendship 
to  the  dear  companion  of  my  youth  remained  unal- 
tered. And  you — you  married  Saarbriicken " 

Lizzie  tore  her  hand  away.  "  I  married  him,  yes, 
but  I  loved  you — I  know  no  distinction  between  early 
friendship  and  love,  as  you  do — I  have  loved  you 
since  the  first  day  we  met  as  grown-up  man  and 
woman,  yes,  long  before,  I  have  always  loved  you — 
and  when  I  broke  with  you,  I  did  it  in  anger — deeply 
wounded  as  I  was — call  it  revenge " 

"  Lizzie,  Lizzie,"  said  Sterner  with  a  smile,  "  you 
mustn't  use  words  you  can't  manage.  All  that  you  are 
saying  comes  straight  out  of  a  modern  drama  of  mar- 
riage, it  is  French,  it  is  Northern,  it  is  Pan-German, 
it  is  anything  but  you.  May  I  tell  the  story,  as  you 
would  tell  it,  if  you  were  able  to  define  why  you 
married  him.  It  sounds  just  like  an  everyday  story, 
so  plain  and  North  German,  but  still  so  true;  you 
married  because  your  mother  wished  you  to,  because 
you  were  poor,  your  mother  was  weary  and  Saar- 
briicken was  rich.  Yes,  yes,  yes,  you're  not  to  frown 


234     THE    MAGISTRATE'S    OWN    CASE 

like  that.  I  know  so  well  that  for  you  money  is  in- 
different— but  your  mother's  wishes,  your  mother's 
prayers  are  not  indifferent.  You  were  hurt,  you  did  not 
answer,  you  shyly  hid  yourself  with  your  sorrow,  just 
as  lately,  when  we  met  again,  you  anxiously  avoided 
me  and  did  not  come  to  me  until  there  was  a  question 
of  saving  a  man's  life — Lizzie,  you  are  like  an  open 
book  to  me,  and  that  is  why  I  love  you.  Your  mar- 
riage with  Saarbriicken  was  a  sacrifice;  it  does  not 
make  you  appear  great  in  the  eyes  of  the  world,  that 
kind  of  sacrifice  never  does ;  but  it  does  not  lessen  you 
in  my  eyes,  because  I  understand  you.  But  the  truth 
is  this,  Lizzie,  that  neither  you  nor  I  knew  before 
what  love  was.  We  all  think  we  know  it,  we  read 
about  it  in  books,  we  see  love  depicted  in  plays,  we 
see  it  in  real  life — that  is,  we  see  the  effects  of  it,  and 
only  the  few  psychologists  see  what  love  is.  But 
everyone,  even  the  simplest  peasant  girl,  can  feel 
love,  and  no  one  makes  any  mistake  about  the  feel- 
ing. Our  happiness  has  come  now,  it  is  for  us  to  hold 
it  fast,  not  to  talk  about  how  we  have  wronged  each 
other. 

;'  When  you  avoided  me  the  other  day,  when  we 
met  again,  when  you  dared  not  to  speak  to  me  or  con- 
fide your  sorrows  to  me — when  you  deputed  your 
childhood's  friend  Cecil  to  open  the  way  for  me  by  a 
divorce — for  that  was  your  object — then  I  saw  that 
you  loved  me,  then  I  saw  that  now  it  was  love,  al- 
though you  did  not  throw  yourself  into  my  arms  and 
hide  your  face  on  my  breast,  as  you  did  long  ago. 


THE   TRIAL  235 

Strange  are  the  ways  of  men ;  but  even  if  they  say  that 
youth  is  the  time  for  love,  it  must  console  us,  when 
youth  departs,  to  think  that  love  gains  an  additional 
joy,  and  instead  of  being  an  involuntary  utterance  of 
the  senses,  it  is  fully  conscious  to  our  brain.  And  if 
there  has  been  yielding  and  deserting — if  there  has 
been  repentance  and  atonement — then  it  becomes  an 
infinitely  greater  happiness  to  reach  the  point  we  two 
have  reached." 

Lizzie  wanted  to  speak. 

He  took  her  in  his  arms  and  closed  her  lips  with  a 
kiss. 

Only  one. 

She  shook  her  head. 

Then  she  smiled  again. 

"  We  need  not  have  talked  about  that,  Lizzie,  it 
came  of  itself,  for  neither  you  nor  I  would  have 
things  different  from  what  they  are.  We  will  forget 
the  awkward  player,  we  will  sympathise  with  his 
audience  who  have  so  little  ear  for  music,  and  we  will 
speak  of  the  many  far  more  important  things  that 
now  occupy  our  attention. 

"  And  to  show  what  sensible  and  rational  people 
we  are,  we  will  now  go  down  to  the  Erlkonig  and 
drink  a  glass  of  Assmannshausen  with  a  salmon  from 
the  Rhine;  there  is  some  sense  in  that,  and  both  you 
and  I  will  be  the  better  for  it." 

Lizzie  protested. 

Sterner  laughed.  "  Without  food  and  wine,  Liz- 
zie, the  campaign  will  go  badly.  I  allowed  myself  to 


236     THE    MAGISTRATE'S    OWN    CASE 

be  annoyed,  it  was  stupid;  now  I  have  come  to  my 
senses  again,  and  now  I'm  going  to  eat  Rhine  salmon 
with  you." 

"But  people !" 

"  People — dearest  Lizzie,  for  us  people  don't 
exist.  Come." 

Lizzie  went  with  him,  and  soon  they  were  sitting 
under  the  Erlkonig's  loggia,  while  the  sun  sank  over 
Falkenstein  and  the  reddened  tree-tops  of  the  forest. 

Lizzie  was  surprised  to  see  how  gay  Sterner  was, 
as  though  he  had  violently  shaken  off  all  his  serious- 
ness; he  laughed  and  joked  not  nervously  but  quite 
naturally,  just  as  if  it  had  been  a  merry  holiday  excur- 
sion, and  not  a  meeting  with  the  woman  he  loved  at 
a  time  when  the  welfare  of  both  was  at  stake  and  a 
trial  for  murder  threw  its  shadow  over  their  path. 

"  Fritz,"  said  Lizzie,  as  they  were  leaving,  "  to- 
day it  occurred  to  me  that  if  they  concluded  the  case 
before  you  came,  you  would  not  be  able  to  fulfil  your 
promise  to  me." 

Sterner  laughed.  "A  needless  anxiety,  Lizzie;  I 
can  assure  you  that  the  cask  Rosenthal  opened  to-day 
will  furnish  drink  for  at  least  one  day  more.  I  told 
you  that  I  am  not  going  to  speak  until  the  others 
have  let  off  all  their  froth.  It's  a  great  mistake  to  mix 
sound  reason  with  the  speech  of  fools." 

1  You  don't  do  Rosenthal  justice,"  said  Lizzie 
seriously.  "  His  language  is  high-flown  and  bombas- 
tic, it  is  true,  but  he  has  a  gift." 

Sterner  shrugged  his  shoulders. 


THE    TRIAL  237 

"  I  think  if  I  chose  I  could  crush  him  by  interven- 
ing in  this  case.  I  am  strong,  I  have  power  over  my 
words  and  my  thoughts.  It  takes  ten  men  like  Rosen- 
thai  to  make  one  of  me.  That's  rather  a  bragging 
expression,  but  I  know  what  I'm  saying.  I  can  tell 
you,  I  was  burning  to  stand  up  and  show  the  fellow 
how  empty  and  hollow  his  eloquence  was  and  how 
few  words  it  would  take  to  put  him  down.  Of  course, 
I  didn't  do  it — I  don't  do  tricks  of  that  kind.  Wait 
and  see;  what  I  have  to  say  will  come  just  where  it 
will  take  effect,  and  without  any  waste  of  words." 

"  What  do  you  think  he  will  try  to  do?  "  asked 
Lizzie. 

"  First  of  all,  save  Saarbriicken's  neck  by  pulling 
the  circumstantial  evidence  to  pieces.  Perhaps  that's 
not  so  very  difficult,  though  it  will  be  a  fine  piece  of 
work  to  do  it  well.  After  that  comes  his  crowning 
feat,  to  show  that  I  am  Saarbriicken's  personal 
enemy,  and  that  therefore  not  the  slightest  weight  is 
to  be  attached  to  the  evidence  I  have  got  together. 
Let  him  do  it;  it  is  I  that  have  the  last  word  in  the 
matter." 

"  Do  you  think  that  is  all?  " 

"  Everything  is  possible,"  Sterner  answered;  "  but 
after  all,  Lizzie,  do  you  think  it  is  wise  of  us  to 
speculate  about  what  Mr.  Isidor  Rosenthal  may  take 
it  into  his  head  to  say?  It  would  be  another  thing  if 
we  were  fighting  him,  if  I  were  prosecutor  in  this 
case  or  even  if  I  had  an  interest  in  proving  Saar- 
briicken's guilt.  But  I  am  a  spectator,  nothing  else, 


238     THE    MAGISTRATE'S    OWN    CASE 

and  besides  that  I  have  promised  you,  if  I  am  able, 
to  save  his  wretched  life.  Not  at  the  expense  of 
truth,  but — well,  we  needn't  talk  about  that;  I  shall 
keep  my  promise.  What  we  ought  to  be  talking 
about,  though,  is  what  you  had  better  do,  when — as 
is  quite  likely  after  what  has  happened  to-day — your 
husband  is  let  out  of  prison." 

Lizzie  blushed. 

'  You  must  go  away,  Lizzie,  you  must  go  to-mor- 
row, not  later.  There  will  be  some  business  to  settle, 
and  that  I  shall  have  to  do  with  Herr  Isidor  Rosen- 
thai.  It  will  be  quite  a  treat  to  me  to  pay  that  gentle- 
man a  visit  in  his  office  and  talk  business  with  him, 
though  I  admit  that  in  financial  and  commercial 
questions  Herr  Isidor  Rosenthal  is  certainly  my 
superior." 

"  I  believe  you  don't  do  Rosenthal  justice,"  said 
Lizzie.  "  He  is  clever,  and  he  knows  what  he  wants. 
You  saw  how  he  changed  the  whole  atmosphere  of 
the  case  to-day — changed  it  so  that  one  could  not 
recognise  it  as  the  same." 

Sterner  raised  his  glass  and  said  with  a  smile :  "  I 
shall  not  drink  to  Rosenthal's  prosperity,  that  would 
be  insulting  this  good  wine ;  but  I  drink  to  the  happy 
chance  that  made  him  the  second  speaker  instead  of 
the  first;  for  if  he  had  been  the  first,  dear  "Lizzie, 
you  would  not  have  come  to  see  me,  and  all  that 
which  stood  between  us  would  not  be  buried  in  the 
ground  that  grew  this  grape." 

Lizzie  smiled. 


THE   TRIAL  239 

Sterner  that  evening  was  more  jocular  than  he  had 
been  for  years,  and  Lizzie  wondered  at  it.  It  had 
never  been  his  way,  so  why  should  it  be  so  just  now  ? 
— but  she  did  not  ask. 

It  was  arranged  that  she  should  go  to  England  on 
the  following  day  and  there  await  news  from  Sterner. 
She  relied  on  his  intervening,  as  he  had  promised,  if 
it  became  necessary. 

They  separated  early,  and  Sterner  drove  back  to 
Homburg.  Outside  his  house  he  met  Schaltz,  who 
stepped  aside  and  saluted  respectfully. 

Sterner  stopped.  "  Oh,  Schaltz,"  he  said  in  a 
casual  way:  "  tell  me,  is  it  to  you  we  own  the  valua- 
ble information  from  Hamburg?  " 

Schaltz  turned  red. 

Sterner  surveyed  him  calmly.  "  You  are  making 
a  mistake,  my  good  Schaltz.  It  takes  sharper  wits 
than  yours  to  carry  out  a  masterstroke;  and  this 
might  have  been  a  masterstroke.  The  blow  that  is 
aimed  at  me  will  fall  short." 

Schaltz  still  said  nothing. 

Sterner  felt  a  sudden  desire  to  push  the  matter  to 
extremes.  He  added  in  a  perfectly  quiet  and  cool 
tone: 

'  You  should  advise  Herr  Rosenthal  to  accuse  me 
directly  of  committing  the  murder.  And  then  you 
should  prove  it.  That  would  anyhow  be  something 
of  an  achievement.  To  produce  a  couple  of  letters, 
stolen  by  an  unfaithful  servant,  is  nothing  much  to 
boast  of." 


24o    THE    MAGISTRATE'S    OWN    CASE 

Then  he  turned  on  his  heel  and  went  on. 

Schaltz  stood  still  quite  confused.  He  then  went  to 
the  advocate  and  told  him  of  the  encounter.  Strangely 
enough,  Sterner's  words  made  no  impression  on  Ros- 
enthal. 

His  plans  were  already  made,  and  he  kept  them  to 
himself. 


CHAPTER   SEVEN 

THE  proceedings  in  the  murder  trial  were  re- 
sumed on  the  appointed  day.  The  court  was 
full.  Sterner  was  present,  but  not  the  wife 
of  the  accused. 

Isidor  Rosenthal  had  enjoyed  his  triumph  to  the 
full;  he  seemed  actually  to  have  grown  an  inch  in 
height,  and  his  delivery  was  broader,  more  self-con- 
fident ;  he  knew  that  the  whole  assembly  was  hanging 
on  his  lips  and  listening  with  intense  excitement  to 
every  word. 

He  knew,  too,  that  he  held  his  great  cards  in  re- 
serve— the  splendid  trumps  he  was  to  play  out  to-day 
before  the  gaping  crowd.  Not  a  word  had  he  let  out 
beforehand. 

He  began  with  a  description  of  Lord  Faringdon's 
person  and  of  the  course  of  his  life,  carefully  follow- 
ing the  particulars  he  had  obtained  through  Mr. 
Wells;  then  he  went  on  to  the  events  at  Homburg 
during  the  last  few  days  before  the  murder,  dwelling 
at  length  on  Frau  Saarbrucken's  frequent  visits  to 
Falkenstein  and  her  meetings  with  Sterner.  He  also 
dwelt  on  Frau  Saarbrucken's  application  for  divorce, 
and  on  the  attentions  paid  to  her  by  Lord  Faringdon. 


242    THE    MAGISTRATE'S    OWN    CASE 

Then  at  last  he  came  to  the  important  point. 

There  was  dead  silence  in  court. 

"  I  come  now  to  the  events  of  the  seventh  of  July, 
1898,  and  first  of  all  I  ask,  What  do  we  know?  We 
know  that  Lord  Faringdon  and  Herr  Saarbriicken 
dined  together  at  the  hotel,  that  Lord  Faringdon  had 
requested  his  friend's  permission  to  visit  his  wife 
privately  at  Frankfort,  and  that  Saarbriicken  had 
agreed  to  meet  his  wife's  wishes  with  regard  to  the 
divorce.  The  accused  says  that  when  the  boy  brought 
him  the  locket  with  his  wife's  initial  and  a  lock  of 
her  hair,  Lord  Faringdon  asked  him  for  it,  and  Saar- 
briicken gave  it  to  him,  so  that  he  might  use  it  as  a 
sign  of  her  husband's  consent  to  their  final  separation. 
If  this  is  true,  as  everything  seems  to  show,  then  the 
first  piece  of  circumstantial  evidence,  this  locket,  loses 
its  force. 

"  On  the  evening  of  the  seventh  of  July  the  locket 
was  in  Lord  Faringdon's  possession,  not  in  Saar- 
briicken's. 

"Lord  Faringdon  went  to  Frankfort;  he  looked 
for  the  lady  where  he  expected  to  find  her;  he  was 
told  that  she  had  gone  by  Cronberg  to  Falkenstein, 
to  her  mother.  I  come  now  to  a  point  to  which  the 
magistrate  has  not  attached  sufficient  importance, 
but  which  to  my  mind  is  the  most  important  in  the 
whole  case.  In  the  pocket  of  the  murdered  man  was 
found  a  return  ticket  from  Cronberg  to  Frankfort. 
It  has  been  impossible  to  show  by  what  train  he 
returned  from  Frankfort,  but  the  prosecution  has 


THE   TRIAL  243 

not  been  able  to  show  how  he  spent  his  time  that 
evening. 

"  Here  I  have  a  new  fact.  I  shall  prove  that  Lord 
Faringdon  was  in  Frankfort,  and  that  he  was  directed 
to  Cronberg  on  the  evening  of  the  seventh  by  a  man- 
servant at  Saarbriicken's  house. 

"  It  is  true  that  his  presence  at  Cronberg  is  not 
fully  proved;  a  waiter  at  the  railway  hotel  saw  a  man 
who  to  all  appearance  must  have  been  he.  He  left 
the  hotel  to  look  for  a  carriage  to  go  to  Falkenstein, 
and  since  that  no  one  saw  him.  He  was  in  possession 
of  a  return  ticket  to  Frankfort,  which  he  did  not  use. 
He  did  not  return  to  Frankfort,  I  say.  He  did  not 
expect  to  be  returning  to  Homburg,  otherwise  he 
would  have  had  a  return  ticket  between  Frankfort 
and  Homburg.  He  was  found  murdered  in  Homburg 
Park  on  the  eighth  at  five  o'clock  in  the  afternoon. 

"  It  is  incredible  that  the  murder  was  committed 
by  daylight  in  the  much-frequented  park.  The  sun 
rises  at  three. 

'  Therefore  in  the  interval  between  twelve  o'clock 
and  three  he  must  have  returned  to  Homburg  with- 
out passing  by  Frankfort. 

"  He  may  have  taken  a  carriage  at  Cronberg  and 
driven  the  short  distance.  This  is  improbable,  since 
evidently  he  was  in  no  hurry  to  get  back  to  Homburg 
and  would  certainly  have  taken  the  train.  How  then 
did  he  get  back? 

"  I  have  now  reached  a  point,  gentlemen  of  the 
jury,  when  I  feel  that  you  will  listen  with  astonish- 


244    THE    MAGISTRATE'S    OWN    CASE 

ment  to  what  I  am  going  to  say.  It  is  a  hypothesis 
that  I  advance,  a  hypothesis  that  seems  to  cast  a 
shadow  upon  a  man  whose  behaviour  does  not  seem 
to  warrant  it.  But  just  because  it  is  a  strong  man, 
capable  of  defending  himself,  whom  I  attack,  I  feel 
no  compunction  in  making  that  attack.  I  affirm  that 
the  man  who  made  it  possible  for  Lord  Faringdon  to 
cover  the  distance  between  Cronberg  and  Homburg 
on  the  night  of  July  7,  before  three  o'clock,  was  Dr. 
Fritz  Sterner,  in  whose  automobile  Lord  Faringdon 
traversed  the  distance  from  Cronberg  to  the  spot 
where  he  met  his  death !  " 

Isidor  Rosenthal  ceased  speaking,  and  a  wave  of 
murmurs  rose  and  fell  through  the  court.  All  eyes 
were  turned  on  Sterner,  who  was  leaning  back  in  his 
chair  with  his  arms  crossed.  His  features  were  un- 
moved. Apparently  the  stroke  had  missed  him  alto- 
gether. 

The  president  of  the  court  sprang  up,  leaned  for- 
ward towards  Sterner  and  asked  him,  in  a  voice 
trembling  with  emotion,  whether  he  wished  to  reply 
at  once. 

"  No,"  answered  Sterner  briefly;  "  I  want  to  know 
what  that  man  still  has  to  say." 

Isidor  Rosenthal  continued ;  he  described  Dr.  Ster- 
ner's  motoring  expeditions,  and  brought  out  that  on 
the  afternoon  of  the  seventh  of  July  he  had  left  Hom- 
burg on  one  of  his  usual  trips  to  Cronberg  and 
Falkenstein ;  how  Schaltz  had  called  on  him  in  vain  at 
ten  o'clock  that  evening,  and  how  his  housekeeper 


THE    TRIAL  245 

had  given  the  information  that  he  returned  late  that 
night. 

He  went  on :  "  I  do  not  wish  to  accuse  Dr.  Sterner 
of  the  murder  of  Lord  Faringdon;  if  that  had  been 
my  intention,  I  should  have  gone  to  the  prosecution 
with  my  evidence,  as  soon  as  I  had  collected  the  ma- 
terials on  which  my  speech  for  the  defence  is  based. 
I  repeat,  I  do  not  wish  to  accuse  Dr.  Sterner  of  mur- 
der. I  appear  for  the  defence,  not  for  the  prosecution, 
but  I  shall  put  one  set  of  circumstantial  evidence 
against  the  other,  to  show  how  little  weight  should 
be  attached  to  it.  From  the  moment  Lord  Faringdon 
leaves  the  hotel  at  Cronberg,  we  know  nothing  at  all 
about  him.  I  presume  he  returned  to  Homburg  with 
Dr.  Sterner.  I  now  ask  you  to  follow  me  while  I  set 
forth  the  double  series  of  circumstantial  evidence,  di- 
rected on  the  one  side  against  the  accused,  Saarbriick- 
en,  and  on  the  other  against  the  magistrate,  Sterner. 

"  Against  Saarbrucken  we  have : 

"  i.  The  affair  of  the  locket,  which  I  have  cleared 
up. 

"  2.  His  absence  from  the  hotel  between  12  and 
1.30,  which  I  shall  not  explain,  since  a  lady's  name 
is  connected  with  this  circumstance,  and  my  client, 
who  has  given  me  a  full  explanation,  has  made  me 
swear  that  I  will  not  utter  this  name,  even  if  it 
should  cost  him  a  sentence. 

"  3.  The  state  of  his  finances  and  his  debt  to  Lord 
Faringdon. 

"  4.  The  circumstance  that  his  wife  was  the  lat- 


246    THE    MAGISTRATE'S    OWN    CASE 

ter's  heiress,  a  circumstance  which  loses  all  its  weight 
when  we  remember  that  he  was  on  the  point  of  agree- 
ing to  a  divorce. 

"5.  The  circumstance  that  the  dagger  fits  the 
wound. 

"  6  The  circumstance  that  a  witness  states  that  she 
saw  him  in  the  Park  at  half  an  hour  after  midnight, 
near  the  scene  of  the  murder. 

"  I  beg  you  to  notice  that  all  these  circumstances 
can  very  well  be  explained  away,  but  that  they  can 
just  as  easily  be  explained  in  a  way  which  rouses  most 
serious  suspicions  as  to  my  client's  guilt.  I  shall,  there- 
fore, before  going  any  further,  place  before  you  the 
other  set  of  circumstantial  evidence,  which  can  be 
directed  against  Dr.  Sterner: 

"  i.  He  can  be  proved  to  have  been  absent  from 
his  home  during  the  same  time  as  Saarbriicken;  it  is 
true  that  he  has  not  been  asked  to  explain  his  doings 
during  these  hours;  but  if  he  does  explain  them,  in  all 
probability  his  explanation  will  be  no  more  satisfac- 
tory than  I  admit  my  client's  to  be.  As  to  the  drive 
to  Homburg,  he  must  be  able  to  give  information  if 
he  will. 

"  2.  He  was  formally  engaged  to  Frau  Saar- 
brucken,  left  her  for  another,  and  afterwards  resumed 
his  friendship  with  her,  during  the  time  immediately 
preceding  the  murder. 

"  3.  He  left  her  because  she  was  poor;  afterwards 
he  knew  she  would  be  rich,  in  the  event  of  Lord  Far- 
ingdon's  death. 


THE   TRIAL  247 

"  4.  Lord  Faringdon's  appearance  in  the  role  of 
her  admirer;  he  had  known  her  as  a  child,  and  he  had 
just  obtained  her  husband's  consent  to  make  way  for 
him.  Dr.  Sterner  was  active  in  promoting  the  di- 
vorce. Are  we  to  suppose  that  his  object  was  to  allow 
the  sweetheart  of  his  youth  to  become  Lord  Faring- 
don's wife? 

"  5.  Dr.  Sterner  has  in  his  possession  a  dagger — 
an  absolute  match  to  the  one  with  which  the  murder 
was  committed,  as  is  supposed.  I  shall  now  take  the 
liberty  of  reading  a  passage  from  Dr.  Sterner's  justly 
famous  book,  '  On  Criminal  Investigation,'  page 
166: 

"  It  is  of  great  importance  that  the  investigating 
magistrate  should  be  acquainted  with  the  use  of 
weapons,  especially  of  such  weapons  as  leave  an 
unmistakable  mark  in  the  wound,  the  dagger,  for 
instance,  a  favourite  weapon  with  Italians.  The 
author,  during  a  stay  in  Corsica,  has  himself  taken 
lessons  in  the  use  of  the  national  vendetta-dagger, 
and  according  to  the  opinion  of  his  master,  an  out- 
and-out  bandit,  acquired  the  twelve  or  fourteen  dif- 
ferent master-strokes,  delivered  from  before,  from 
behind,  from  above,  and  from  below,  according  to 
the  laws  of  this  noble  science  of  attacking  the  un- 
armed. On  some  occasions  the  author  has  made 
successful  use  of  his  knowledge  and  skill." 

Isidor  Rosenthal  again  made  a  pause. 

Sterner's  face  was  unmoved;  he  sat  leaning  back 
in  his  chair  as  though  the  whole  thing  did  not  con- 
cern him  at  all. 


248     THE    MAGISTRATE'S    OWN    CASE 

There  was  great  commotion  in  court.  The  presi- 
dent had  to  call  for  silence;  he  turned  again  to  Ster- 
ner, and  asked  him,  this  time  in  a  stiff,  almost  un- 
friendly tone : 

"  Do  you  still  wish  to  make  no  statement?  " 

"  No,"  Sterner  answered  shortly,  with  a  bow  to 
the  president. 

The  president  made  a  sign  to  Rosenthal  to  con- 
tinue. 

The  advocate  turned  towards  the  jury.  "  Gentle- 
men of  the  jury,  if  Dr.  Sterner  stood  before  you 
charged  with  murder  on  the  strength  of  what  I  have 
mentioned,  would  you  then  dare  to  say:  This  man 
has  murdered  the  admirer  of  his  first  love,  whose 
death  would  make  her  rich ;  while  he  threw  her  over 
because  she  was  poor;  he  has  given  way  to  his  pas- 
sion, when  he  was  alone  with  his  victim  on  a  dark 
night,  and  under  such  circumstances  that  he  would 
be  able  in  his  official  capacity  to  throw  the  guilt  upon 
another,  against  whom  at  first  sight  everything  seems 
to  speak? 

"  Gentlemen,  I  think  not.  I  think  that  upon  such 
evidence  you  would  not  venture  to  find  Dr.  Sterner 
guilty  of  murder. 

"  And  I  venture  to  say  that  the  evidence  against 
my  client  is  much  less  than  this. 

"  For  what  is  the  meaning  of  this  circumstantial 
evidence  which  from  the  very  first  day,  here  as  every- 
where that  the  news  of  Lord  Faringdon's  death  was 
made  known,  has  been  sufficient  to  stamp  Saarbrikken 


THE    TRIAL  249 

as  his  murderer?  Each  circumstance  by  itself  means 
nothing.  That  Herr  Saarbriicken  owed  money  to  a 
friend,  and  that  the  death  of  this  friend  might  have 
made  him  a  rich  man,  is  in  itself  no  reason  for  sus- 
pecting him  of  having  murdered  that  friend.  But  it 
becomes  downright  inadmissible  to  draw  this  conclu- 
sion from  these  facts,  when  it  has  been  established 
that  on  the  very  day  Saarbriicken  had  come  to  an  ar- 
rangement with  Lord  Faringdon  whereby  his  wife 
would  be  set  free  and  at  the  same  time  their  money 
matters  would  be  settled.  This  has  not  been  proved, 
but  I  ask  you  to  note  that  Saarbriicken's  statement  to 
this  effect  is  confirmed  by  his  wife's  communication  to 
the  court,  that  she  expected  Lord  Faringdon  that 
evening  about  the  matter  in  question,  and  that  he 
went  to  Cronberg  presumably  to  find  her.  What  if 
we  were  to  suppose  in  this  case  that  the  circumstance 
of  Lord  Faringdon's  death  making  a  rich  woman 
of  the  lady  he  loved  was  an  indication  that  Dr. 
Sterner  was  the  murderer?  Would  anyone  believe 
in  that  assumption?  And  yet  the  fact  is  that,  while 
an  agreement  for  the  divorce,  such  as  Saarbriicken 
says  had  taken  place,  would  remove  all  induce- 
ment for  Saarbriicken  to  commit  the  crime,  the 
same  agreement  would  make  no  difference  at  all 
in  Dr.  Sterner's  position.  Is  it  not  therefore  ab- 
surd to  call  this  a  piece  of  evidence  against  Saar- 
briicken ? 

"  I  shall  not  refer  again  to  the  locket;  that  does 
not  need  further  refutation;  nor  to  the  question  of 


25o    THE    MAGISTRATE'S   OWN    CASE 

the  dagger !  I  have  shown  that  there  are  two  daggers, 
and  their  name  no  doubt  is  legion. 

"  There  is,  however,  one  point  I  must  dwell  upon: 
the  statement  that  Saarbrikken  was  seen  in  the  park. 
It  is  correct.  If  he  refuses  to  explain  it,  it  is  because 
it  is  connected  with  the  duty  of  silence  which  he  so 
chivalrously  maintains  on  this  point.  You  know  me, 
gentlemen  of  the  jury,  and  I  believe  my  words  have 
weight  with  you.  Saarbriicken's  presence  at  that  spot 
has  been  fully  explained  to  me.  I  am  pledged  to 
silence,  and  I  must  renounce  the  explanation  of  this 
fact.  If,  gentlemen,  you  will  condemn  Saarbriicken 
to  death  on  this  piece  of  evidence,  then  why  not  con- 
demn the  woman  who  saw  him  ? — she  was  there  too ; 
and  if,  as  I  have  shown,  the  circumstances  do  not 
justify  us  in  regarding  Saarbriicken  as  Lord  Faring- 
don's  murderer,  what  is  there  then  to  throw  suspicion 
upon  him  rather  than  upon  her? 

"  However,  it  is  not  my  intention  to  accuse  this 
poor  woman ;  there  must  be  more  who  were  in  Hom- 
burg  Park  that  night,  and  if  that  is  all  the  evidence 
against  them,  it  is  nothing.  I  might  ask  Dr.  Sterner : 
Where  were  you  on  the  night  of  the  7th-8th  July  last, 
at  half  an  hour  after  midnight?  I  must  insist  most 
emphatically  that  on  the  basis  of  the  evidence  that 
has  been  produced,  Saarbriicken  cannot  be  convicted. 
He  had  absolutely  no  real  interest  in  the  death  of 
Lord  Faringdon;  on  the  contrary,  with  his  wife  op- 
posed to  him  and  supported  by  a  stranger,  and  with 
the  question  of  the  legacy  and  whether  it  was  to  come 


THE   TRIAL  251 

to  them  both  or  to  his  wife  alone  still  undecided,  he 
would  be  far  worse  off  after  his  friend's  death  than 
when  he  was  alive.  And  yet  he  is  accused  of  the  mur- 
der, while  there  seems  to  have  been  no  hesitation 
about  placing  the  attack  upon  him  in  the  hands  of  a 
man  who  in  Lord  Faringdon's  death  would  see  the 
accomplishment  of  his  dearest  wishes,  for  whom  that 
event  would  open  the  way  at  once  to  happiness  and 
wealth — and  the  only  way. 

'  That  is  what  one  may  call  convicting  a  man  on 
circumstantial  evidence!  " 

The  advocate  concluded  with  a  great  sweep  of  the 
hand,  bowing  to  Sterner.  "  I  shall  now  conclude,  and 
I  am  convinced  that  Dr.  Sterner  will  forgive  me  for 
having  in  the  course  of  my  speech  raised  hypotheses, 
which  it  will  be  easy  for  him  to  reduce  to  the  place 
they  ought  properly  to  occupy  in  the  case." 

There  was  a  great  sensation  in  court  as  the  advo- 
cate took  his  place,  and  some  little  time  elapsed  be- 
fore order  was  restored. 

Counsel  for  prosecution  rose,  and  turned  directly 
to  Dr.  Sterner. 

"  Before  I  reply  to  my  learned  friend,  whose 
speech  I  have  listened  to  with  increasing  astonish- 
ment, I  trust  the  court  will  allow  Dr.  Sterner,  who  is 
here  present,  and  against  whom  the  counsel  for  the 
defence  has  made  an  attack,  of  which  I  have  never 
heard  the  like,  in  the  course  of  a  long  practice  at  the 
bar,  to  make  a  few  remarks  which  may  have  the  effect 
of  bringing  the  case  down  to  terra  firma  again  from 


252     THE    MAGISTRATE'S    OWN    CASE 

the  heights  of  romance  to  which  my  learned  friend 
has  exalted  it.  It  would  have  been  better,  though  no 
doubt  superficially  less  striking,  if  the  defence  had 
prepared  the  way  during  the  hearing  of  evidence  for 
this  truly  romantic  point  of  view  which  has  been 
adopted  in  the  speech  for  the  defence.  Here  it  can- 
not be  denied  that  it  came  upon  us  as  a  surprise.  But, 
as  I  was  saying,  Dr.  Sterner,  to  whose  excellent  work 
in  this  case  I  have  already  had  the  pleasure  of  allud- 
ing, will  no  doubt  bring  my  learned  friend  down 
again  from  the  clouds  with  which  he  is  trying  to  sur- 
round this  terrible,  but  none  the  less  comparatively 
uncomplicated  affair." 

The  president  conferred  with  his  colleagues  on  the 
bench.  It  was  evident  that  the  audience  was  awaiting 
with  intense  excitement  the  moment  when  Sterner 
would  rise  to  speak.  For  he  must  speak — everyone 
felt  that.  To  all  intents  and  purposes  Rosenthal  had 
accused  him  of  murder. 

The  prosecuting  counsel  was  right;  such  a  wildly 
romantic  issue  to  this  celebrated  case  was  more  than 
the  most  imaginative  of  those  present  had  expected. 

The  lawyers  in  court  seemed  paralysed.  Saar- 
briicken  sat  in  silence,  impenetrable  as  ever.  At  this 
moment  the  eyes  of  all  were  turned,  not  upon  him, 
but  upon  the  other  accused,  who,  though  he  did  not 
stand  at  the  bar,  had  suddenly  taken  the  place  of  the 
prisoner  in  the  minds  of  all. 

Dr.  Sterner  stood  up,  and  after  a  bow  to  the  presi- 
dent, began  to  speak  in  a  clear,  firm  voice: 


THE    TRIAL  253 

"  I  shall  be  as  brief  as  possible.  Counsel  for  the 
defence  has  not  attacked  my  conduct  as  a  magistrate 
—in  any  case  not  openly.  He  has  made  a  covert  at- 
tack on  my  private  life,  which  has  nothing  to  do  with 
this  case.  What  reasons  I  had  for  breaking  off  my 
engagement  with  Fraulein  Gross,  which  was  done  by 
mutual  consent,  does  not  concern  the  public,  nor  does 
it  concern  this  case.  My  relations  to  my  deceased 
fiancee  have  never  been  the  subject  of  any  attack;  they 
are  sacred  to  me,  and  have  always  been  sacred.  On 
this  part  of  the  defence  I  shall  have  nothing  to  say, 
and  had  counsel  confined  himself  to  these  remarks,  I 
should  not  have  spoken." 

Sterner  made  a  short  pause ;  the  audience  was  per- 
ceptibly disappointed;  they  had  expected  an  interest- 
ing bit  of  private  history  and  felt  that  they  had  been 
cheated.  Feeling  was  strong  against  the  magistrate. 
He  proceeded  without  taking  his  eyes  from  the  presi- 
dent : 

"  On  the  other  hand,  there  is  one  point  that  I  must 
touch  upon.  It  is  a  hypothesis  that  the  defence  has 
set  up;  the  hypothesis  that  the  murdered  man  re- 
turned from  Cronberg  to  Homburg  in  my  automo- 
bile, with  me.  Counsel  for  the  defence  described  this 
as  a  hypothesis ;  it  is  the  boldest  of  its  kind  that  I  have 
ever  heard  in  a  court  of  law;  it  compels  my  respect 
for  the  eminent  advocate  who  appears  for  the  de- 
fence. It  compels  my  admiration,  I  say,  not  because 
it  is  bold,  but  because  it  is  correct  \  " 

All  at  once  the  court  became  absolutely  stil^  as 


254    THE    MAGISTRATE'S    OWN    CASE 

though  it  was  empty.  A  few  seconds  passed,  and  then 
there  was  a  buzzing,  as  it  were,  over  the  heads  of 
the  crowd,  not  of  words,  but  of  thoughts.  This  buz- 
zing resolved  itself  here  and  there  into  single  broken 
words,  with  a  gradually  growing  noise. 

The  president  commanded  silence. 

Sterner  continued,  unmoved  as  before,  turning 
towards  the  president: 

"  Lord  Faringdon  was  at  Cronberg  on  the  evening 
he  was  murdered.  I  was  there,  too,  as  often  before, 
on  a  visit  to  my  sister  and  my  brother-in-law.  As  I 
came  down  the  hill  at  Falkenstein  and  was  going  to 
turn  into  the  road  that  leads  past  the  castle  to  Hom- 
burg,  I  was  stopped  by  Lord  Faringdon,  whom  I 
knew,  though  only  slightly.  He  told  me  he  had 
missed  the  train  and  asked  me  to  give  him  a  lift  in 
my  car,  which,  of  course,  I  did.  On  the  way  we 
talked  of  indifferent  things,  and  arrived  at  Homburg 
at  half  past  ten,  just  as  it  became  quite  dark.  Lord 
Faringdon  did  not  want  to  stop  at  the  hotel,  where  he 
was  staying,  but  asked  me  to  put  him  down  at  the 
end  of  the  old  town ;  here  he  said  good-bye  to  me  and 
thanked  me  for  the  lift.  All  this  is  perfectly  natural." 

The  president  interrupted,  rather  sharply:  "It 
seems  to  me,  Dr.  Sterner,  that  this  statement  should 
have  been  included  in  the  documents.  That  it  is  not 
there  is  your  fault." 

Sterner  drew  himself  up  and  replied  in  a  firm,  clear 
voice:  "There  I  am  obliged  to  disagree  with  the 
president  of  the  court.  I  acted  within  my  rights,  as  I 


THE    TRIAL  255 

shall  prove.  After  Lord  Faringdon  had  left  me,  he 
was  murdered.  As  soon  as  the  murder  became  known 
by  the  finding  of  the  body,  I  was  charged,  as  part  of 
my  official  duty,  with  the  investigation  of  the  affair. 
I  am  a  magistrate,  and  after  the  laws  of  the  land,  my 
own  conviction  is  my  only  guidance.  I  did  not  mur- 
der Lord  Faringdon.  I  say  this  merely  in  passing;  no 
one  has  accused  me,  not  even  the  defence;  and  if  any- 
one accuses  me,  I  am  prepared  to  place  myself  at  the 
disposition  of  a  new  inquiry.  At  present  I  make  the 
statement  only  as  a  matter  of  form.  I  did  not  murder 
Lord  Faringdon.  I  therefore  at  once  considered  the 
case  in  the  light  of  the  facts  that  were  before  me — 
that  he  had  left  me  at  half-past  ten  without  saying 
more  than  that  he  had  to  meet  a  friend  and  did  not 
want  to  be  observed.  Later  on  I  constructed  the 
picture  of  the  crime  necessary  for  the  investiga- 
tion, which  is  set  forth  in  my  official  report  of  the 
inquiry. 

"  Everyone  will  grant  me  that  at  this  stage  all  I 
had  to  deal  with  pointed  to  others.  What  I  knew  my- 
self was  only  this,  that  Lord  Faringdon's  journey 
from  Frankfort  through  Cronberg,  and  especially  his 
return  from  Cronberg  to  Homburg,  had  nothing  to 
do  with  the  murder.  I  began  to  prepare  the  case  and 
accumulated  a  considerable  quantity  of  material. 
Then  I  was  asked  to  withdraw  from  the  case,  and, 
against  my  first  determination,  I  did  so.  So  long  as 
the  case  lay  in  my  hands,  there  was  no  hurry  about 
adding  to  the  papers  what  I  alone  knew;  but  what  I 


256    THE    MAGISTRATE'S    OWN    CASE 

knew  in  such  a  way  that,  without  being  included  in 
the  papers,  it  was  known  to  the  court. 

"  I  retired.  Under  ordinary  circumstances  I  should 
have  made  the  addition  to  the  documents;  I  omitted 
to  do  so  under  these  special  circumstances,  and,  as  it 
seems  to  me,  I  was  fully  justified.  For  I  should  only 
have  confused  the  case  for  the  prosecution.  I  was  and 
am  still  officially  convinced  that  the  accused  is  guilty. 
I  knew,  to  begin  with,  that  the  English  next  of  kin  to 
the  murdered  man  would  throw  suspicion  in  another 
direction.  My  withdrawal,  in  combination  with  the 
new  explanation,  would  have  rendered  the  prosecu- 
tion powerless,  disturbed  the  clues  and  done  an  im- 
mense deal  of  harm.  I  said  nothing.  There  was  no 
decisive  information  to  be  found  in  the  circumstance 
I  suppressed,  none  at  all !  The  inquiry  would  not 
thereby  have  been  brought  one  step  further;  on  the 
contrary,  all  that  had  hitherto  been  clear  would  have 
been  made  obscure. 

"  Therefore  I  said  nothing.  Now  it  so  happens 
that  the  question  has  been  raised;  as  a  hypothesis, 
certainly;  but  my  presence  here  and  my  official  posi- 
tion make  it  my  duty  to  speak.  I  no  longer  have  any- 
thing directly  to  do  with  the  case,  but  my  duty  as  a 
citizen,  supplementing  my  official  duty,  obliges  me  in 
the  service  of  truth  to  confirm  the  hypothesis  of  the 
defence.  This  I  have  done.  I  must,  however,  add  the 
remark  that  the  statement  of  counsel  to  the  effect  that 
the  murdered  man  had  no  return  ticket  from  Frank- 
fort to  Homburg  contains  something  like  a  false  in- 


THE    TRIAL  257 

sinuation.  If  I  remember  right,  the  murdered  man 
had  a  season  ticket  between  Frankfort  and  Hom- 
burg.  Doubtless  he  did  not  use  it  on  the  evening  in 
question,  but  he  had  it.  The  other  hypothesis  of  the 
defence,  about  my  supposed  relations  with  the  wife 
of  the  accused,  as  well  as  the  fantastic  account  of  my 
alleged  skill  with  weapons,  I  may  well  leave  un- 
touched. I  am  not  accused.  I  shall  not  criticise  my 
colleagues'  labours  in  the  case,  but  I  must  admit — 
and  perhaps  my  words  will  have  some  weight — that 
it  has  not  been  fully  cleared  up. 

"  When  on  July  lyth  last  I  formally  retired  from 
the  case,  I  became  a  spectator.  Mrs.  Saarbriicken, 
who  during  the  whole  time  has  shown  the  greatest 
sympathy  for  the  accused,  and  who  has  refused  to 
take  advantage  of  his  position  to  go  on  with  the  di- 
vorce case  which  had  already  been  prepared — Mrs. 
Saarbriicken,  I  say,  begged  me  very  urgently  to  help 
her  husband.  Under  ordinary  circumstances  nothing 
would  be  more  welcome  to  me  than  to  comply  with 
every  one  of  Mrs.  Saarbriicken's  wishes,  to  say  noth- 
ing of  so  noble  and  unselfish  a  wish  as  this — but  my 
answer  was  No. 

"  I  consider  Saarbriicken  guilty — I  still  consider 
him  at  this  moment  guilty  of  Lord  Faringdon's 
death,  and  yet,  if  I  now  decide  to  step  out  of  the  circle 
of  mere  spectators,  where  I  have  a  full  right  to  re- 
main, it  is  to  comply  with  Mrs.  Saarbriicken's  wish 
and  bring  him  help." 

There  was  a  threatening  murmur  in  court,  a  mur- 


258     THE    MAGISTRATE'S    OWN    CASE 

mur  that  swelled  into  loud-voiced  speech,  into  cries, 
until  the  president  had  to  make  an  urgent  demand 
for  silence. 

Sterner  threw  a  glance  at  the  clock.  "  Gentlemen 
of  the  jury,  in  a  few  minutes  that  venerable  clock  will 
strike  the  hour  of  adjournment.  When  you  once  more 
assemble  in  this  court,  I  shall  appear  before  you 
armed  with  what  I  call  my  vouchers,  and  challenge 
your  verdict." 

At  that  moment  the  clock  sounded  its  hollow 
strokes  and  the  sitting  was  at  an  end. 


CHAPTER   EIGHT 

THE  evening  papers  were  taken  up  almost  en- 
tirely with  reports  of  the  great  trial.  The 
Social  Democratic,  the  Liberal  and  the 
Catholic  press  immediately  sided  against  Dr.  Sterner, 
demanded  his  arrest  and  that  an  investigation  of  his 
conduct  be  commenced  without  delay.  The  business 
organs,  mainly  Jewish,  took  the  matter  calmly,  with 
emphatic  praise  for  the  brilliant  defence,  but  were 
not  uninfluenced  by  the  practical  question  of  Lord 
Faringdon's  inheritance,  which  was  destined  to  be  an 
important  factor  for  the  banking  house  interested  in 
the  affairs  of  Fiirste  &  Wienecke.  If  Sterner  was 
guilty,  if  Lord  Faringdon  was  murdered  for  the  sake 
of  the  inheritance,  then  how  would  the  matter  stand 
with  regard  to  Saarbriicken's  wife — could  she  in- 
herit? 

The  Government  press  defended  Sterner  and  used 
strong  words  about  Oriental  imagination.  The  case 
was  still  open ;  it  was  still  quite  possible  to  take  it  up 
again,  and  in  any  event  the  public  must  rely  upon  the 
experience  of  the  judicial  department  and  await 
calmly  the  steps  that  those  concerned  would  assuredly 
take  at  the  proper  time;  above  all,  it  was  necessary 


260    THE    MAGISTRATE'S    OWN    CASE 

to  avoid  throwing  themselves  with  unseemly  haste 
upon  a  respected  and  hitherto  irreproachable  man, 
who  must  be  given  time  and  opportunity  to  clear  him- 
self, as  undoubtedly  he  would. 

Isidor  Rosenthal  enjoyed  his  victory,  but  did  not 
therefore  neglect  the  practical  aspect  of  the  case. 

The  house  of  Fiirste  &  Wienecke  was  being  ad- 
ministrated by  the  firm  of  Moritz  Rosenthal  &  Co. 
It  was  a  very  bad  business,  and  there  had  been  a  good 
deal  of  cavilling  over  the  rash  speculation  upon  which 
that  respected  house  had  entered.  The  partners  in 
Moritz  Rosenthal  &  Co.  pressed  their  relative  the 
advocate  hard. 

The  whole  question  resolved  itself  into  one  of 
landing  the  English  legacy.  That  Saarbriicken  would 
be  acquitted  the  advocate  had  no  doubt,  but  Sterner's 
speech  in  court  had  given  him  something  to  think  of. 
It  was  a  challenge  to  him — to  him  as  Saarbriicken's 
adviser  in  business  matters,  Sterner  had  said — to  save 
Saarbriicken's  neck.  But  at  the  same  time  he  had  said 
that  Saarbriicken  was  guilty.  In  other  words,  a  new 
point  had  arisen,  which  the  advocate  could  not  over- 
look. 

Sterner's  conduct  in  court  was  correct,  whatever 
the  papers  might  say — if  the  magistrate  had  confined 
himself  to  answering  the  direct  attack,  the  acquittal 
would  have  been  certain ;  but  the  advocate  understood 
very  well  that  Sterner  could  not  do  that.  His  posi- 
tion as  a  magistrate  was  at  stake.  Where  his  conduct 
was  incorrect,  was  in  omitting  to  inform  Dr.  Braun 


THE    TRIAL  261 

that  he  had  driven  Lord  Faringdon  back  to  Hom- 
burg  that  night.  But  that  was  an  omission  that  could 
be  remedied.  As  a  fact,  Sterner  had  only  had  the  case 
in  his  hands  for  a  week;  if  he  could  now  produce 
in  court  proofs  that  would  clear  up  the  case,  then  all 
this  would  be  retrieved  and  Sterner  would  appear 
once  more  as  the  one  right  man. 

That  was  evidently  his  object,  and  Sterner  was  not 
given  to  boasting.  If  he  now  came  forward,  it  was 
because  he  had  cards  in  his  hand  that  would  give  him 
the  game. 

But  what  cards? 

Rosenthal  was  sitting  in  his  study,  buried  in  the 
case ;  he  was  trying  to  find  the  new  clue  that  Sterner 
would  follow.  There  was  a  ring  at  the  bell,  and  his 
servant  announced — Dr.  Sterner. 

Rosenthal  jumped  up — instantly  sat  down  again 
and  gave  orders  to  show  Dr.  Sterner  in.  He  received 
him  with  studied  courtesy.  He  knew  that  if  Sterner 
came  to  see  him,  it  was  about  something  important, 
and  he  was  too  clever  a  man  to  underestimate  his  op- 
ponent's ability. 

This  was  to  be  a  single  combat,  and  not  the  pursuit 
of  a  beaten  enemy.  The  magistrate  walked  in  with  a 
certain  smiling  superiority,  which  increased  the  advo- 
cate's caution. 

Rosenthal  offered  Sterner  a  chair,  and  took  his 
seat  at  his  writing-table,  where  documents  were  piled 
up  in  picturesque  disorder. 

Sterner  leaned  back  in  his  chair  and  took  a  good 


262    THE    MAGISTRATE'S    OWN    CASE 

look  at  the  advocate;  he  seemed  to  be  turning  over 
his  words  before  he  spoke. 

'  You  are  Herr  Saarbriicken's  legal  adviser  in  all 
his  affairs?  " 

The  advocate  bowed. 

"  Good,"  continued  Sterner.  "  I  shall  have  to  cor- 
respond with  him  on  behalf  of  Frau  Saarbriicken 
about  the  divorce.  I  wish  to  be  of  service  to  her,  and 
therefore  I  come  to  you.  Has  Herr  Saarbriicken 
talked  to  you  on  this  matter?  " 

"  No,"  answered  the  advocate  shortly.  Sterner 
could  see  that  he  was  not  speaking  the  truth. 

The  advocate  went  on :  "  Besides,  it  is  a  private 
matter." 

Sterner  did  not  allow  himself  to  be  disturbed;  he 
continued  in  the  same  tone:  "  I  think  you  must  ad- 
mit, though,  that  it  is  not  altogether  a  private  matter. 
Frau  Saarbriicken  is  still  here.  Lord  Faringdon's 
legacy  has  not  yet  been  paid;  it  amounts,  as  perhaps 
you  know,  to  120,000  pounds  sterling,  or  about  two 
and  a  half  million  marks.  Frau  Saarbrucken  does  not 
wish  it  to  be  paid,  because  she  is  living  under  commu- 
nity of  goods  with  her  husband.  I  will  add  that  I  am 
aware  that  you  have  tried  on  his  behalf  to  have  the 
matter  settled,  but  that  you  have  met  with  difficulties 
in  London." 

The  advocate  bit  his  lip :  "  Difficulties  to  which 
you  are  not  a  stranger." 

"  Quite  right,"  remarked  Sterner  coolly.  "  Diffi- 
culties which  it  will  not  be  easy  to  remove." 


THE    TRIAL  263 

"  We  shall  see  about  that,"  said  the  advocate. 

Sterner  smiled:  "  We  two  know  each  other,  Herr 
Rosenthal.  I  don't  suppose  you  take  me  for  a  child. 
If  I  come  to  see  you,  it  is  because  I  mean  business. 
Frau  Saarbriicken  is  willing  to  buy  her  freedom.  And, 
that  we  may  not  play  at  hide-and-seek  with  each  other 
and  waste  any  more  time,  let  me  tell  you  that  she 
knows  the  house  of  Fiirste  &  Wienecke  is  insolvent 
and  that  Moritz  Rosenthal  &  Co.  have  an  interest  in 
the  finances  of  the  firm  in  question.  This  is  simply  a 
matter  of  business,  and  as  Frau  Saarbriicken  is  the 
one  who  makes  the  offer,  she  makes  a  liberal  one. 
She  offers  half,  a  million  and  two-thirds." 

The  advocate  started,  but  controlled  himself. 

Sterner  said  nothing. 

There  was  a  pause. 

Sterner  continued  without  the  slightest  trace  of  im- 
patience :  "  You  will  understand  from  this  offer  how 
important  it  is  to  Frau  Saarbriicken." 

"  And  you,"  the  advocate  put  in  sharply.  He  re- 
gretted it. 

"  And  me,"  repeated  Sterner  quite  coolly. 
'  You  intend,  then,  to  marry  Frau  Saarbriicken?  " 

"  If  it  will  make  our  conference  any  easier,  I  don't 
mind  telling  you, — yes." 

There  was  another  pause. 

The  advocate  got  up  again;  he  regretted  having 
made  a  mistake,  but  the  money  was  a  good  round 
sum  all  the  same.  He  walked  up  and  down. 

"  I  don't  think  Saarbriicken  will  take  it." 


264    THE    MAGISTRATE'S    OWN    CASE 

Sterner  smiled:  "Shall  we  be  frank  with  each 
other?  Not  for  moral  reasons,  but  because  it  will 
help  the  business.  Saarbriicken  will  do  exactly  what 
you  tell  him,  and  nothing  else.  Well,  yes,  he  will  try 
not  to  go  bankrupt  and  be  ruined." 

The  advocate  sat  down  again.   "  I  won't  take  it." 

"  Why  not?  "  asked  Sterner. 

"  Simply  because  it  would  be  stupid  to  be  satisfied 
with  half  when  we  can  get  the  whole." 

"  After  bringing  an  action?  "  Sterner  suggested. 

"  The  firm  of  Moritz  Rosenthal  can  afford  to  wait 
fifty  years,  if  necessary,"  said  the  advocate  with  self- 
satisfaction. 

Sterner  smiled:  "You  admit,  then,  that  it  is  a 
matter  of  business  between  Frau  Saarbriicken  and 
you?" 

"  No,  between  you  and  me,"  corrected  the  advo- 
cate. 

'  Very  good,"  said  Sterner;  "  let  us  put  it  in  that 
way.  Will  you,  or  will  you  not?  " 

"  I  will  not,"  answered  the  advocate,  striking  the 
table  lightly. 

Sterner  sat  a  moment  as  though  in  thought;  then 
he  asked:  "Why  not?" 

"  Among  other  things,  because  I  don't  believe 
Saarbriicken  murdered  Faringdon,  and  a  transaction 
such  as  that  you  propose  would  put  him  in  a  false 
light." 

4  This  is  something  new,"  remarked  Sterner. 

"But  decisive,"  concluded  the  advocate;  he  had 


THE    TRIAL  265 

made  up  his  mind.  It  was  his  plan  in  a  difficult  situ- 
ation to  let  his  opponent  take  the  offensive.  Now  it 
was  Sterner's  turn. 

Sterner  bent  slightly  forward,  playing  with  his 
glasses. 

"  As  you  see,  Mr.  Rosenthal,  we  don't  avoid  a 
discussion  of  the  case  itself.  I  can  understand  very 
well  that  after  your  exceedingly  able  defence  you 
feel  like  a  man  who  has  won  a  victory,  and  that 
you  think  yourself  in  a  position  to  dictate  terms  to 
the  defeated,  in  this  case,  to  me.  Perhaps  I  need 
not  tell  you  that  I  do  not  grudge  you  your  victory, 
and  that  I  place  myself  above  the  feeling  of  dis- 
pleasure which  is  a  very  natural  consequence  of 
hearing  one's  intimate  affairs  set  forth  in  a  false 
light — when  I  say  false  I  don't  mean  consciously 
false,  I  simply  mean  that  you  could  not  know  the 
real  facts,  and  in  any  case  I  shall  not  dwell  on 
this. 

y'  "  I  acknowledge  that  your  double  set  of  circum- 
stantial evidence  was  a  good  idea,  and  I  am  con- 
vinced that  it  will  be  of  great  value  to  the  accused 
— in  that  respect  it  only  fulfils  its  purpose.  As  an 
attack  upon  me  it  is  to  a  certain  extent  effective,  but 
let  me  say  at  once,  only  to  a  certain  extent.  I  have 
not  undertaken  to  refute  your  circumstantial  evi- 
dence, and  I  shall  not  undertake  it;  but  there  is  a 
new  point  in  the  case  which  must  be  touched  upon, 
and  it  is  clear  to  me  that  at  the  next  sitting  of  the 
court  I  shall  have  to  speak.  I  am  too  old  a  magis- 


266    THE    MAGISTRATE'S    OWN    CASE 

trate  to  let  a  case  end  with  a  negative  result.  Before 
this  trial  is  finished  it  must  be  established  who  was 
the  murderer  of  Lord  Faringdon." 

Rosenthal  shrugged  his  shoulders.  "  That  is  no 
task  of  mine;  mine  is  more  limited.  All  I  have  to 
do  is  to  get  Saarbriicken  acquitted.  Many  riddles 
remain  unsolved  in  the  history  of  crime;  I  am  quite 
content  to  let  the  Homburg  riddle  take  its  place 
among  the  rest." 

"  I  dare  say  you  are,"  said  Sterner;  "  but  at  least 
you  must  allow  me  to  develop  your  speech  for  the 
defence  a  little  further  in  a  positive  direction,  and 
then  perhaps  you  will  see  how  far  you  have  really 
ventured,  especially  if  we  confine  ourselves  to  what 
I  may  call  the  financial  side  of  the  question. 

'  You  know,  Herr  Rosenthal,  that  I  don't  believe 
in  Lombroso;  these  fables  about  criminally-disposed 
persons  are  so  much  metaphysical  nonsense,  which 
should  be  shelved  along  with  predestination  and 
original  sin  and  so  on.  I  have,  however,  come  across 
an  Italian,  whom  I  am  going  to  tell  you  about,  leav- 
ing you  to  draw  what  conclusions  you  like  from  my 
story.  He  was  a  magistrate  like  myself,  a  promising 
and  respected  man,  but  poor.  He  was  determined 
to  be  rich.  He  had  a  mistress,  who  had  been  se- 
duced by  a  wealthy  landowner  in  Sicily.  To  hush 
up  the  scandal  this  landowner  got  the  girl  mar- 
ried to  another  proprietor  in  the  same  part.  My 
friend  now  made  a  plan  that  would  have  interested 
Lombroso.  He  contrived  to  make  the  landowner's 


THE    TRIAL  267 

acquaintance  and  won  his  friendship.  He  used  his 
influence  to  get  the  landowner  to  make  the  young 
lady  his  sole  heiress,  so  as  to  cheat  his  family  of 
their  inheritance — a  feature  that  often  appears,  and 
that  you  have  certainly  met  with  too.  Very  well, 
after  that  he  got,  through  the  same  man's  influence, 
the  post  of  magistrate  in  the  province  where  his 
friends  lived.  I  shall  not  tire  you  with  a  long  story; 
the  landowner  was  murdered,  and  through  the  mag- 
istrate's energy  so  much  circumstantial  evidence  was 
marshalled  against  the  young  lady's  husband,  the 
other  landed  proprietor,  that  he  was  condemned  for 
murder.  The  poor  wretch  could  not  afford  to  em- 
ploy a  good  counsel;  every  one  in  the  province  was 
on  the  side  of  the  magistrate  and  the  wealthy 
heiress.  How  it  would  have  gone  in  Germany,  I 
will  not  pretend  to  say.  The  end  of  it  was  that  the 
poor  fellow  was  transported  and  the  young  lady  mar- 
ried my  friend." 

The  advocate  was  boiling  with  rage,  but  he  held 
himself  in:  "And  I  suppose  you  want  me  to  trans- 
late this  cock-and-bull  story  into  German?  "  he  said, 
as  coolly  as  he  was  able. 

Sterner  smiled:  "A  cock-and-bull  story?  No,  it 
really  happened;  the  magistrate's  name  was  Tito 
Marchesi,  and  he  still  lives  at  the  expense  of  the  State 
in  an  over-sea  colony  for  unwilling  colonists.  The 
fact  is,  Italian  ladies  are  not  so  very  stable  in  their 
love.  He  quarrelled  with  his  wife,  and  she  informed 
on  him.  She  has  regretted  it,  though,  for  she  lost 


268     THE    MAGISTRATE'S    OWN    CASE 

her  fortune  and  her  liberty  at  the  same  time.  If  you 
do  not  believe  me,  you  may  inquire  about  the  case, 
which  is  sufficiently  well  known.  You  barristers  ought 
to  be  more  zealous  in  your  study  of  foreign  cases. 
Just  think,  Herr  Rosenthal,  what  a  success  this  story 
would  have  made  in  a  certain  case  in  which  we  were 
both  interested !  " 

"Blackguard!"   hissed   the   advocate,    moving   a 
step  nearer  to  the  door  of  the  outer  office. 

Sterner  had  risen  and  stood  with  crossed  arms: 
1  You  are  getting  too  warm,  Herr  Rosenthal.  You 
are  mistaken  if  you  think  I  intend  anything  with  this 
story  except  to  draw  your  attention  to  what  the 
English  courts  might  be  inclined  to  think,  if  Frau 
Saarbriicken  and  I,  to  whom  everything  but  our  fu- 
ture happiness  is  absolutely  indifferent,  were  to 
translate  the  story  I  have  just  told  into  German  or 
English  and  connect  it  with  ourselves.  You  have 
never  been  magistrate,  otherwise  you  would  know 
that  the  enthralling  thing  about  that  position  con- 
sists precisely  in  the  contrast  between  the  great  un- 
certainty and  the  little  word  '  confession.'  Every- 
thing may  be  believed,  everything  may  be  doubted, 
but  confession  is  binding.  Especially  voluntary  con- 
fession. I  leave  it  entirely  to  you  to  make  your 
choice,  but  I  beg  you  to  tell  Herr  Saarbriicken  every- 
thing I  have  told  you,  and  as  you  must  confess  that 
you  are  just  as  far  off  as  ever  from  knowing  with 
certainty  who  is  the  murderer  of  Lord  Faringdon, 
you  might  perhaps  gain  at  least  one  step  forward 


THE   TRIAL  269 

through  a  sensible  conversation  with  Herr  Saar- 
briicken. 

"  I  have  dwelt  on  this  somewhat  at  length,  so 
that  you  may  see  how  the  land  lies  since  your  great 
victory  in  court — a  victory  which  can  only  command 
fresh  admiration." 

Sterner  smiled;  Rosenthal's  eyes  rested  on  him 
with  a  sharp,  penetrating  glance.  The  advocate  col- 
lected himself.  He  too  smiled,  the  fine,  wise  smile  of 
an  Oriental  sage. 

"  I  beg  your  pardon,  Dr.  Sterner,  you  are  right. 
I  enjoyed  my  triumph  too  early.  I  never  thought  it 
necessary  to  tell  you  that  I  did  not  suspect  you  of 
being  a  murderer." 

"  Don't  mention  it,"  interrupted  Sterner;  "  it 
makes  no  difference;  it  is  the  world's  opinion,  not 
yours,  that  matters." 

;<  Well,  let  us  say,  of  being  a  stupid  murderer," 
said  Rosenthal  with  some  irritation.  "  But,  as  I  was 
saying,  I  did  not  suspect  you.  An  advocate  is  bound 
to  take  a  one-sided  view.  It  was  my  business  to  save 
Saarbriicken.  I  did  it.  Won't  you  sit  down?" 

Sterner  bowed  and  took  his  seat  again.  "  I  only 
want  you  to  understand,  Herr  Rosenthal,  that  this 
position  is  untenable.  You  have  gained  a  formal  vic- 
tory, but  in  reality  you  have  lost.  Your  client  has  no 
real  interest  in  anything  but  a  definite  settlement." 

"Oh,"  interrupted  the  advocate;  "I  saved  his 
head,  you  know."  v 

"  Quite  so,"  continued  Sterner  with  a  smile.  "  But 


270    THE    MAGISTRATE'S    OWN    CASE 

I  wonder  whether,  after  all,  Moritz  Rosenthal  &  Co. 
have  not  paid  too  much  for  that  head?  " 

The  advocate  pretended  not  to  have  understood. 

Sterner  spoke  again.  "  Herr  Rosenthal,"  he  said, 
"  you  are  a  sensible  man;  will  you  make  a  bargain?  " 

"  If  you  will  lay  your  cards  on  the  table — per- 
haps !  "  was  Rosenthal's  answer. 

4  Very  well,"  said  Sterner.  "  I  am  not  so  fond  of 
money  as  you  gave  the  public  to  understand  in  your 
eloquent  speech.  Not  now,  in  any  case,  since  I  have 
grown  older,  and  my  course,  in  spite  of  your  late 
eloquence,  is  quite  clear  before  me.  I  will  not  dis- 
appoint your  confidence,  but  on  the  other  hand  I  will 
not  give  that  blackguard  Saarbriicken  more  than  is 
absolutely  necessary." 

'  You  ought  not  to  use  such  language  about  my 
client,"  said  the  advocate  mildly;  "  even  if  you  look 
upon  him  as  a  murderer." 

Sterner  smiled.  "  Well,  we  need  not  quarrel  about 
words,  in  private  anyhow.  You  cannot  possibly  be 
ignorant  of  the  fact  that  the  situation  created  by 
your  eloquence  makes  the  case  an  extremely  difficult 
one,  from  the  point  of  view  of  civil  law.  And  even 
from  that  of  criminal  law  it  is  very  unsatisfactory 
for  every  one  except  Saarbriicken  and  you  as  his 
counsel.  For  you  as  representative  of  Moritz  Rosen- 
thai  &  Co.  it  is  by  no  means  so  pleasant.  Now  mark 
well  what  I  say.  I  am  going  to  offer  to  help  you 
to  find  a  clearer  issue  for  the  case;  I  offer  to  address 
the  court  to-morrow  and  propose  a  new  hypothesis, 


THE    TRIAL  271 

which  perhaps  contains  the  final  certainty — the  posi- 
tive truth." 

The  advocate  pricked  up  his  ears.  What  on  earth 
was  the  man  driving  at? 

"  I  might  have  thought,"  said  Sterner  in  a  very 
friendly  tone — "  that  you  would  have  accepted  a 
less  dramatic,  more  humdrum  method,  a  method 
which  in  fact  was  not  so  very  far  to  seek.  No  mat- 
ter— the  case  would  have  been  far  less  interesting, 
your  success — I  acknowledge  that  it  was  a  success — 
would  have  been  less  brilliant  for  the  moment,  but 
the  whole  affair  would  have  gained  in  clearness. 
You  have  now  established  that  either  Saarbriicken 
or  I  might  have  murdered  Lord  Faringdon.  I  say 
nothing  to  that.  As  Saarbriicken  will  probably  be 
acquitted  and  I  am  not  likely  to  be  convicted,  it 
only  means  that  the  case  has  not  been  advanced  a 
single  step  since  the  day  they  found  the  murdered 
lord's  body.  And  it  must  be  admitted  that  in  spite 
of  brilliant  details,  that  is  a  somewhat  meagre  result. 
Don't  you  think  so?  " 

"  It's  no  business  of  mine,"  said  the  advocate  with 
slight  annoyance. 

Sterner  continued :  "  I  myself  have  been  follow- 
ing up  another  line,  and  perhaps  it  will  interest  you 
a  little.  Not  so  much  as  the  line  you  chose  yourself, 
because  to  put  it  mildly  it  places  your  client  in  a 
rather  unfavourable  light.  But  you  must  admit  that 
the  halo  you  have  thrown  round  him  can't  be  kept 
up.  Let  us  see  him  as  he  is.  The  world  soon  finds 


272    THE    MAGISTRATE'S    OWN    CASE 

out  people  of  his  stamp.  You  say  that  on  the  fatal 
evening  Saarbriicken  had  an  appointment  with  a 
lady.  You  thought  it  was  nice  of  him  not  to  betray 
her,  but  you  nevertheless  considered  it  necessary  to 
inquire  her  name,  didn't  you  ?  " 

Rosenthal  nodded.  "  On  that  point  I  am  profes- 
sionally engaged  to  secrecy." 

"  There  is  no  necessity  for  you  to  reveal  the  pro- 
fessional secret.  For  I  believe  I  know  who  the  lady 
is.  And,  to  be  brief — it  is  Madame  Giulia  Del- 
phini." 

Rosenthal  gave  a  start — but  said  nothing. 

"  There,  you  see,"  said  Sterner.  "  May  I  now  tell 
you  what  I  have  hitherto  concealed  for  the  same 
reasons  that  I  mentioned  in  court,  though  I  cannot 
flatter  myself  that  my  address  found  such  a  ready 
echo  among  the  audience  as  yours  did.  Lord  Faring- 
don  confided  to  me  that  evening,  while  I  was  driving 
him  from  Cronberg  to  Homburg,  that  he  had  an 
assignation.  It  had  been  his  intention  to  see  Frau 
Saarbriicken,  but  this  obliging  gentleman  put  his  as- 
signation before  the  important  affair  that  brought 
him  to  Falkenstein.  He  further  confided  to  me  that 
his  friend  Saarbriicken,  after  they  had  come  to  their 
agreement,  had  promised  to  keep  the  husband  out 
of  the  way  and  in  fact  to  arrange  the  meeting  for 
him.  That  was  what  made  Lord  Faringdon  so  well 
disposed  towards  Saarbriicken.  I  have  believed  hith- 
erto that  Saarbriicken  enticed  Lord  Faringdon  into 
a  trap,  and  then  murdered  him  himself.  I  am  now 


THE   TRIAL  273 

willing  to  admit  the  possibility  of  another  hypothe- 
sis, namely,  that  Saarbriicken  certainly  enticed  Lord 
Faringdon  into  a  trap,  but  that  it  was  the  lady's 
husband,  Signor  Delphini,  who  accomplished  the 
deed.  And  as  we  here  have  to  deal  with  a  wronged 
husband,  we  can  perhaps  say  manslaughter  instead 
of  murder. — That  is  my  line." 

While  Sterner  was  speaking,  the  advocate  became 
uneasy;  he  rose  and  walked  nervously  up  and  down 
the  room.  Then  he  stopped  suddenly. 

'  You  can  scarcely  ask  me,  as  counsel  for  the  de- 
fence, to  accept  the  consequences  of  this  perfectly 
gratuitous  hypothesis." 

Sterner  shrugged  his  shoulders.  "  I  don't  ask  any 
such  thing;  you  mustn't  think  I  am  trying  in  the 
least  to  influence  you  with  regard  to  your  position  as 
defending  counsel.  I  came  to  talk  about  the  finan- 
cial question.  And  I  still  stand  by  Frau  Saarbriicken's 
offer.  This  is  a  genuine  solution  of  the  murder  case, 
which  I  thought  it  best  to  put  before  you,  to  show 
you  the  expediency  of  our  coming  to  an  under- 
standing. 

"  When  I  rise  to-morrow  in  court,  you  will  hear 
this  hypothesis — and  it  will  be  supplemented  by 
something  uncommonly  like  positive  proof.  I  too 
have  been  busy  lately,  and  it  is  by  no  means  certain 
that  I  should  not  have  intervened  in  some  way  or 
other,  even  if  I  had  not  been  challenged  to  do  so 
by  your  very  effective  defence." 

Rosenthal  was  nervous. 


274    THE    MAGISTRATE'S    OWN    CASE 

Sterner  smiled.  "  I  dare  say  you  would  like  to 
talk  to  your  client  about  this;  after  all,  he  is  the 
one  who  best  knows  the  rights  of  it.  As  I  said  be- 
fore, I  stand  by  my  offer,  and  I  heartily  wish  you 
good  luck  with  the  efforts  you  will  doubtless  make 
to  win  your  client's  full  confidence." 
< 

When  the  two  men  parted  soon  after,  Rosenthal 
thought  it  was  Sterner  that  had  come  off  best.  And 
he  immediately  drove  to  the  prison;  where,  against 
the  rules,  he  spent  a  great  part  of  the  night  in  con- 
versation with  Saarbriicken. 


CHAPTER   NINE 

IMMEDIATELY  after  the  opening  of  the  next 
sitting  of  the  court,  Dr.  Sterner  was  called 
upon  and  rose  to  speak  amid  audible  signs  of 
displeasure. 

"  I  shall  not  return  to  the  question,  whether  I 
acted  rightly  or  wrongly  in  not  communicating  to 
Dr.  Braun  the  fact  that  I  drove  Lord  Faringdon  on 
the  night  of  the  murder  from  Cronberg  to  the  old 
town  gate  at  Homburg.  Dr.  Braun  knows  that  I  dis- 
cussed at  length  the  question  of  the  importance  of 
establishing  where  Lord  Faringdon  had  been  and 
when  he  had  come  home.  I  did  that  just  as  much  for 
my  own  sake  as  for  his.  If  in  the  course  of  that  con- 
versation any  new  points  had  arisen,  which  showed 
it  to  be  my  duty  to  speak,  I  should  have  spoken. 

"  No  such  points  arose,  and  I  kept  silence. 

"  It  is  otherwise  with  the  question  I  am  now  going 
to  touch  upon,  which  has  quite  another  importance 
for  the  case.  At  the  very  beginning  of  the  investiga- 
tion attention  was  called  to  the  tenants  of  the  little 
cottage  in  the  Park,  Signer  Delphini  and  his  wife. 
They  had  left,  no  one  knew  where  they  had  gone.  I 

examined  their  servant,  Nathalia  Stolzi,  and  heard 

275 


276     THE    MAGISTRATE'S    OWN    CASE 

from  her  a  statement  against  the  accused  which  threw 
into  the  shade  all  the  other  statements  of  this  witness. 
I  was  justified  in  not  suspecting  these  people;  I  did 
not  neglect  the  point,  I  had  enquiries  made  about 
them  in  the  place  they  came  from,  and  the  results 
were  such  as  to  remove  all  suspicion — that  I  then 
felt.  I  called  my  colleague's  attention  to  this;  he  has 
not  pursued  my  enquiries,  and  I  cannot  criticise  him 
for  not  doing  so.  I  myself,  in  my  private  capacity, 
have  carried  these  investigations  further;  on  the  same 
day  as  this  trial  opened  I  returned  from  Italy  with 
information  upon  this  matter  which  I  intended  to  lay 
before  the  court  before  the  jury  considered  their  ver- 
dict. And  it  is  this  information  I  now  propose  to 
produce. 

"  Before  I  do  so  I  will  make  just  one  remark.  I 
have  emphasised  the  fact  that  I  saw  no  reason  for 
acquainting  Dr.  Braun  with  my  having  brought  Lord 
Faringdon  back  to  Homburg.  I  still  insist  that  I 
acted  rightly.  It  will  seem  strange  that  I  should  now 
reveal  another  concealed  fact,  which  appears  much 
graver  than  the  first." 

There  was  breathless  silence  in  court;  nothing  was 
heard  but  the  scratching  of  the  reporters'  pencils  on 
the  paper. 

Sterner  continued:  "Lord  Faringdon,  who  was 
talking  to  me  of  divorce  matters,  did  me  the  unde- 
served honour  of  informing  me  that  he  had  been 
obliged  to  give  up  finding  Frau  Saarbriicken,  because 
he  had  appointed  to  meet  a  lady  at  a  certain  time  and 


THE    TRIAL  277 

place.  He  did  not  tell  me  the  lady's  name,  nor  did 
he  mention  the  time  or  place;  but  on  the  other  hand 
he  told  me  that  Saarbriicken  in  this  matter  had  done 
him  what  he  called  a  friendly  service,  by  undertaking 
to  keep  the  husband  out  of  the  way  and  thus  facili- 
tate the  meeting.  I  did  not  get  the  impression  that 
the  meeting  was  of  a  very  grave  character — on  the 
contrary;  and  I  did  not  give  the  matter  another 
thought,  until  I  heard  the  news  of  Lord  Faringdon's 
death. 

"  It  then  became  clear  to  me  that  Saarbriicken  had 
enticed  his  friend  into  a  trap,  and  at  first  it  did  not 
occur  to  me  to  connect  this  trap  with  any  real  per- 
sons, such  as  the  lady  mentioned  by  Lord  Faringdon. 
I  looked  upon  her  as  a  fictitious  person,  invented  by 
Saarbriicken  for  his  criminal  purpose. 

'  That  was  my  view  at  the  beginning  of  the 
case — I  tried  several  times  to  get  Saarbriicken  to 
admit  the  trap.  My  last  examination  of  him  will 
certainly  be  found  to  contain  a  question  on  this 
point. 

"  He  obstinately  refused  to  answer  me. 

"  I  then  altered  my  opinion  and  assumed  that  a 
real  person  was  concerned;  and  my  thoughts  fell 
quite  naturally  on  the  Delphini  couple.  From  motives 
of  precaution  I  did  not  mention  their  name;  I  did 
not  wish  it  brought  forward  publicly  at  this  stage  of 
the  case.  I  retired  from  the  case  without  doing  more 
than  earnestly  drawing  my  colleague's  attention  to 
the  tenants  of  the  cottage. 


278     THE    MAGISTRATE'S   OWN    CASE 

"  I  was  requested  by  the  wife  of  the  accused  to 
remain  outside  the  case,  and  I  retired  from  it  for  this 
reason,  not  to  spare  anyone,  but  because  no  one  may 
rightly  be  judge  in  his  own  case;  and  the  feelings  this 
affair  called  up  in  me — I  venture  to  say  here,  before 
this  assembly — had  made  it  my  own  case.  The  man 
whom  I  as  examining  magistrate  had  to  convict, 
stands  between  me  and  the  woman  I  love. 

"  I  withdrew  from  the  case  when  it  became  clear 
to  me  that,  in  spite  of  all  that  had  happened,  or  per- 
haps rather  because  of  all  that  had  happened,  I  loved 
this  woman.  I  venture  to  assert  that  I  acted  rightly. 
And  if  I  did  not  give  a  full  explanation  of  all  this  to 
the  magistrate  who  followed  me,  a  man  I  respect  and 
honour,  but  who  is  personally  a  stranger  to  me,  it 
was  because  I  would  not  give  expression  to  my  sus- 
picion that  Saarbriicken  had  enticed  Lord  Faringdon 
into  a  trap,  until  this  had  become  more  than  a  sus- 
picion, a  certainty  supported  by  facts. 

'  That  time,  gentlemen,  has  now  come,  and  there- 
fore I  speak  out,  as  a  party  in  my  own  case,  and  not 
as  a  magistrate." 

A  murmur  went  through  the  audience;  all  eyes 
were  turned  to  Sterner,  as  he  stood  there  upright  and 
calm ;  he  had  regained  their  confidence,  everyone  was 
for  him. 

He  went  on.  "  I  made  use  of  my  time,  after  I  had 
retired  from  the  case,  to  trace  the  Delphini  couple. 
A  few  days  ago  I  succeeded;  I  found  the  husband, 
stood  face  to  face  with  him,  but  it  was  in  a  cell  of  a 


THE   TRIAL  279 

lunatic  asylum ;  his  mind  was  darkened  and  I  did  not 
speak  to  him. 

'  The  doctors  could  give  me  no  direct  informa- 
tion, and  whether  any  information  is  to  be  obtained 
must  be  a  question  for  our  foreign  office  to  settle  with 
the  Italian  authorities.  I  think  it  is  very  doubtful. — 
I  did  not  require  information ;  I  learnt  that  the  beauti- 
ful young  wife  was  dead,  that  her  husband  had  seen 
her  fall  from  one  of  the  high  Alps  in  the  Grisons, 
into  a  crevasse,  where  she  was  found  with  her  head 
shattered.  I  say,  I  did  not  require  further  informa- 
tion, because  in  this  court  there  stands  a  man — that 
man  there  in  the  dock — who  can  answer  if  you  ques- 
tion him,  Mr.  President.  Was  the  woman  with  whom 
Saarbriicken  spent  an  hour  on  the  night  of  July  yth 
Madame  Giulia  Delphini? — was  the  woman  Lord 
Faringdon  was  to  meet  in  the  Park  that  night 
Madame  Giulia  Delphini? — and  was  the  husband 
Saarbriicken  was  to  keep  out  of  the  way  Signor  Del- 
phini, now  a  madman,  by  whose  hand  Lord  Faring- 
don died?  Let  the  accused  answer  these  questions!  " 

Sterner  ceased  speaking  and  resumed  his  seat. 

The  eyes  of  all  were  turned  upon  the  accused; 
Saarbriicken  had  sunk  back  in  his  seat,  pale  as  a 
corpse  and  trembling. 

Rosenthal  sprang  up :  "  May  I  address  the  court, 
Mr.  President?  " 

He  was  given  leave  to  speak. 

Rosenthal  was  no  longer  the  smiling  advocate,  who 
the  day  before  had  played  with  words  and  won  the 


280     THE    MAGISTRATE'S   OWN    CASE 

applause  of  the  crowd.  He  was  now  a  serious  man, 
who  knew  what  was  at  stake ;  a  man  who  had  come 
to  a  resolution ;  a  man  who  had  weighed  every  word 
he  was  to  speak,  not  to  angle  for  applause,  but  to  do 
his  duty  in  saving  a  man's  life. 

"  Gentlemen  of  the  jury,"  he  began;  "  I  bow  to 
the  last  honoured  speaker.  Dr.  Sterner  is  not  only  an 
ornament  to  the  legal  profession,  to  the  bench  of 
magistrates,  to  which  he  belongs;  he  is  an  ornament 
to  our  German  society,  a  knight  without  fear  and 
without  reproach.  He  has  not  spoken  without  giving 
me  warning;  knowing  that  the  fate  of  a  human  being 
is  at  stake,  he  has  given  me  an  opportunity  of  ad- 
dressing those  questions  to  the  accused,  which  he  has 
just  asked  the  President  to  put. 

"  I  have  asked,  and  I  have  received  an  answer. 

'  The  man  who  murdered  Lord  Faringdon  was 
Signer  Delphini." 

Again  there  was  sensation  in  court,  and  hands  were 
angrily  shaken  at  the  accused,  who  still  sat  in  the 
dock  in  a  state  of  dull  collapse. 

Rosenthal  raised  his  hand  in  deprecation.  "  Judge 
not,  judge  not,  until  the  jury  have  spoken.  German 
law  gives  the  accused  full  right  to  speak  frankly  to 
his  counsel,  and  his  counsel  is  not  empowered  to  re- 
peat his  words.  What  Helmuth  Saarbriicken  has  told 
me  about  that  night,  will  not  go  beyond  my  lips. 
Madame  Giulia  Delphini  is  dead,  her  reputation 
must  be  without  blemish,  since  nothing  is  known  that 
can  give  anyone  a  right  to  accuse  her  of  any  action 


THE   TRIAL  281 

that  would  put  a  stain  on  her  name.  Higher  Powers 
have  removed  her  husband  from  the  ranks  of  respon- 
sible beings ;  we  must  have  compassion  on  the  fearful 
fate  that  has  overtaken  him. 

"  But  Helmuth  Saarbriicken  stands  here  accused, 
and  the  accusation  against  him  is  now  stronger  than 
ever  before:  I  feel  it  in  the  atmosphere  and  I  can 
read  it  in  the  faces  that  are  now  turned  towards  him. 

"  Judge  not ! 

"  Helmuth  Saarbriicken  has  told  me  that  he  did 
not  entice  Lord  Faringdon  into  a  trap;  that  he  did 
not  hear  of  what  had  happened  until  the  next  day; 
and  that,  when  he  met  the  witness,  Stolzi,  in  the 
Park,  he  was  waiting  about  to  prevent  what  must 
have  happened  a  short  time  before." 

A  loud  hissing  followed  the  advocate's  words.  The 
President  had  to  interfere,  but  the  noise  increased, 
and  it  was  not  till  he  threatened  to  have  the  court 
cleared  that  the  excitement  subsided. 

Rosenthal  continued  in  a  firm  and  authoritative 
tone: 

"  It  is  a  maxim  of  German  law  that  no  one  can  be 
condemned  on  loose  suppositions  alone.  There  is 
nothing  in  the  case  to  disprove  what  I  have  just 
stated.  On  this  point  we  have  no  right  without  a 
shadow  of  evidence  to  throw  doubt  on  a  man's  words. 
But  even  otherwise,  even  if  you,  gentlemen  of  the 
jury,  were  convinced  that  Saarbriicken  told  Delphini 
that  his  friend  was  going  to  meet  Madame  Delphini, 
then  in  that  case  Saarbriicken  would  certainly  have 


282     THE    MAGISTRATE'S   OWN    CASE 

been  guilty  of  shameful  treachery  to  the  man  he  called 
his  friend — but  the  question  you  are  called  upon  to 
answer,  gentlemen,  is  this:  Is  Helmuth  Saarbriicken 
guilty  of  the  murder  of  Lord  Faringdon? 

"  And  that  question  can  only  be  answered  by  No. 

"  Whether  it  was  his  object  to  bring  about  Lord 
Faringdon's  death  and  whether  by  betraying  the  as- 
signation to  the  jealous  husband  he  wished  to  make 
the  latter  use  his  weapon  against  the  man  he  wanted 
to  see  removed,  is  an  entirely  different  question  from 
that  which  lies  before  you,  and  a  question  that  can- 
not be  decided  in  this  trial  upon  the  basis  of  the  in- 
formation that  has  been  obtained. 

"  It  can  never  be  decided;  if  Dr.  Sterner  is  right, 
Signer  Delphini  is  now  unable  to  explain  his  actions, 
much  less  his  motives  and  the  influence  of  others  upon 
them;  and  his  wife  is  dead. 

"  It  would  be  possible  to  get  up  a  new  case  against 
Helmuth  Saarbriicken  on  a  new  foundation  of  evi- 
dence— but  I  doubt  very  much  whether  that  will  ever 
be  done.  One  thing  I  know :  when  the  question  now 
before  you  comes  to  be  decided,  your  answer,  gentle- 
men, must  be  Not  Guilty." 

Rosenthal  sat  down,  and  again  there  was  a  great 
noise  in  court,  which  did  not  quiet  down  until  the 
President  called  upon  the  Public  Prosecutor  to  speak. 

Dr.  Hagemeister  rose  slowly  and  solemnly.  He 
was  angry  with  Sterner  for  making  Rosenthal's  task 
easy,  and  for  having  at  the  same  time  piled  up  diffi- 
culties for  himself.  In  a  few  words  he  desired  the 


THE   TRIAL  283 

question  before  the  jury  altered  after  what  had 
transpired,  and  the  question  of  the  completeness  of 
the  evidence  taken  up  again.  It  was  obvious  that  the 
case  was  now  wholly  in  the  domain  of  legal  techni- 
calities ;  its  deep  human  interest  was  clear  to  all. 

Rosenthal  demanded  that  the  case  should  be  pro- 
ceeded with  without  alteration,  and  the  President 
called  upon  the  accused. 

Saarbriicken  rose. 

"  Helmuth  Saarbriicken,  do  you  wish  to  add  any- 
thing to  what  your  counsel  has  advanced?  " 

Saarbriicken  answered  the  question  by  a  simple  No. 

The  court  proceeded  to  discuss  the  question,  and 
arrived  at  the  result  that  the  fresh  facts  did  not  in 
themselves  contain  circumstances  that  furnished  fur- 
ther proof  of  the  accused  being  guilty  of  the  murder, 
and  that  from  what  had  been  laid  before  the  court 
they  were  not  justified  in  postponing  the  decision  of 
the  question  before  the  jury;  especially  as  the  new 
points  were  of  an  uncertain  nature  and  did  not  offer 
possibilities  of  wording  the  question  differently  from 
the  form  in  which  it  lay  before  the  jury. 

After  this  ruling  the  President  summed  up  in  a 
short  speech  to  the  jury.  He  acknowledged  that  the 
evidence  produced  by  the  prosecution  was  incomplete, 
and  even  reminded  them  that,  supposing  this  evi- 
dence still  possessed  its  full  force,  there  had  yet  been 
a  moment  in  the  course  of  the  trial  when  everyone 
could  see  that  in  spite  of  the  circumstantial  evidence, 
anyone  else — nay,  even  the  magistrate  who  had  had 


284     THE    MAGISTRATE'S   OWN    CASE 

the  case  in  hand,  and  perhaps  he  more  than  others — 
might  have  committed  the  crime.  That  suspicion  had 
again  fallen  upon  the  accused  was  due  not  to  the  pro- 
duction of  fresh  evidence,  for  no  evidence  in  the  strict 
sense  of  the  term  had  been  adduced,  but  to  the  cir- 
cumstance that  it  might  be  supposed  that  another 
had  committed  the  deed  under  such  conditions  that 
the  accused  might  be  said  to  have  brought  on  himself 
the  suspicion  of  having  desired  the  deed  and  done 
nothing  to  prevent  it. 

"Gentlemen  of  the  jury,"  he  added;  "the  great 
decisive  question,  then,  is  this :  does  what  is  now  ad- 
duced come  under  the  question  that  is  before  you  ?  in 
other  words — is  this  fresh  point  that  has  been  intro- 
duced into  the  case — the  suspicion  that  the  accused 
enticed  the  murdered  man  into  a  trap  and  that  the 
murder  was  accomplished  by  a  third  party — of  such 
a  nature  that  we  can  say  that,  if  confirmed,  it  justifies 
a  verdict  of  guilty?  Let  me  tell  you  at  once,  it  evi- 
dently does  not  come  under  the  question  before  you. 
What  you  have  to  decide  upon  your  honour  and  con- 
science is  whether  you  must  suppose  Helmuth  Saar- 
briicken  to  have  given  Lord  Faringdon  the  fatal 
blow.  If  the  evidence  for  the  prosecution  Is  sufficient, 
you  can  convict  upon  it.  But  if  in  order  to  convict 
you  are  obliged  to  resort  to  the  new  material  that 
has  been  brought  forward  to-day,  then  at  the  most 
you  can  only  suspect  that  the  accused  desired  Lord 
Faringdon's  death,  that  he  found  a  method  by  which 
it  could  be  accomplished  without  his  direct  action; 


THE    TRIAL  285 

but  this  Is  not  enough  to  decide  the  question  before 
you.  For  this  can  only  be  understood  thus :  did  Saar- 
briicken  murder  Lord  Faringdon? 

"  And  that  is  just  what  none  of  you  in  such  case 
could  believe. 

"  This  deed  is  shrouded  in  darkness,  the  proceed- 
ings of  the  court  have  brought  no  light  to  bear  upon 
it;  on  the  contrary,  they  have  had  the  result  that 
probably  it  can  never  be  fully  brought  to  light. 
There  is  nothing  to  prevent  a  new  case  being  raised ; 
but  the  question  we  have  to  decide  must  be  answered 
without  reference  to  what  may  possibly  come  out  in 
a  new  case.  You  must  not,  gentlemen,  allow  your- 
selves to  be  blinded  by  the  glare  of  villainy  that 
seems  to  surround  a  man  who  would  use  the  uncon- 
trollable wrath  of  a  wronged  husband  as  a  means  of 
attaining  his  end  and  getting  another  man  out  of  the 
way.  In  the  first  place  it  has  not  been  proved;  in  the 
second,  this  question  certainly  does  not  coincide  with 
that  which  is  put  to  you. 

"  It  depends  upon  the  accused,  whether  at  this 
stage  of  the  case  he  wishes  to  have  the  evidence  sup- 
plemented. He  does  not  wish  it. 

"  Now  it  is  for  you  to  speak,  after  taking  due  note 
of  these  words  of  mine." 

While  the  President  was  speaking  everyone  felt 
that  the  accused  was  already  acquitted;  for  however 
great  was  the  indignation  against  Saarbriicken  among 
the  audience,  there  was  not  one  of  those  present  who 
would  have  dared  to  find  him  guilty  of  Lord  Far- 


286     THE    MAGISTRATE'S   OWN    CASE 

ingdon's  murder  after  what  had  come  out  in  the 
course  of  the  trial. 

And  thus  it  happened  that  this  trial,  looked  for- 
ward to  with  such  eager  excitement,  came  to  its  con- 
clusion without  any  dramatic  effect,  without  the  tra- 
ditional silence  of  expectation,  without  the  solemn 
horror  of  the  verdict  and  sentence,  but  quietly,  al- 
most as  a  matter  of  course,  by  Saarbriicken  being 
found  by  the  jury  Not  guilty  of  the  murder  of  Lord 
Faringdon. 


CHAPTER   TEN 

IN  an  old  Prankish  bow-window  in  the  anteroom 
of  the  court  stood  Isidor  Rosenthal  deeply  en- 
gaged in  conversation  with  Dr.  Sterner. 

Sterner  had  been  congratulating  the  advocate,  for 
the  result  meant  that  he  had  won  his  case.  Rosen- 
thai  smiled  as  he  answered:  "  The  triumph  was  big- 
ger yesterday  than  to-day.  You  took  the  palm  from 
me  when  you  stood  up  and  gave  your  final  summary." 

'  That  doesn't  matter,"  said  Sterner.  "  It  was  you 
who  saved  Saarbriicken's  neck,  for  if  my  information 
had  stood  alone,  without  your  annihilating  criticism 
of  the  circumstantial  evidence,  the  man  would  have 
been  condemned.  It  only  shows,  to  my  mind,  that 
trial  by  jury  is  an  invention  of  the  devil;  for  no 
trained  lawyer  would  take  it  into  his  head  to  convict 
a  man  on  the  strength  of  what  was  brought  against 
Saarbriicken.  It  is  quite  another  question  that  I  am 
still  convinced  that  the  man  has  been  guilty  of  a 
piece  of  villainy,  an  action  even  lower  than  if  he  had 
used  the  dagger." 

Rosenthal  shook  his  head. 

"  I  believe  you  do  him  an  injustice.  As  you  very 
properly  remark,  no  lawyer  would  have  convicted 

287 


288     THE    MAGISTRATE'S   OWN    CASE 

him,  and  I  can  scarcely  believe  any  jury  would  have 
done  so — no  English  or  German  jury,  in  any  case — 
what  Frenchmen  or  Italians  might  have  done,  there's 
no  knowing.  Probably  they  would  have  convicted 
Saarbriicken  and  acquitted  Delphini,  or  done  some- 
thing equally  whimsical.  But  I  am  not  quite  sure 
that  Saarbriicken  did  wish  for  Lord  Faringdon's 
death.  You  see,  I  was  with  him  last, night,  and  I 
can  tell  you,  I  didn't  go  for  him  with  the  gloves 
on.  It  is  true  that  he  arranged  the  assignation;  it  is 
also  true  that  he  wanted  to  get  Lord  Faringdon  into 
a  mess;  it  was  a  low  trick,  and  it  can't  be  defended. 
He  says  he  wanted  to  use  the  story  to  give  him  a 
hold  on  Faringdon,  so  as  to  get  the  divorce  business 
either  put  off  or  arranged  more  to  his  liking.  But 
he  assures  me,  and  from  the  fellow's  whole  de- 
meanour, I  could  scarcely  help  believing  him,  that  he 
never  imagined  for  a  moment  that  this  confounded 
Italian  would  resort  to  bloodshed  right  away. 

"  Saarbriicken  asserts  that  after  leaving  the  Italian 
at  the  concert — it  was  the  Italian  he  was  talking  to 
there — he  went  up  to  his  room;  then  he  became  un- 
easy and  went  out;  for,  you  see,  he  was  expecting 
Faringdon  to  come  back  after  his  little  surprise,  and 
when  he  didn't  come,  Saarbriicken  went  to  Del- 
phini's.  The  Italian  opened  the  door  himself  and 
abused  him  for  coming  and  disturbing  him  for  noth- 
ing. Then,  when  Lord  Faringdon  was  found  mur- 
dered, Saarbriicken  kept  quiet  about  the  whole  story, 
which  of  course  didn't  redound  much  to  his  credit, 


THE    TRIAL  289 

and  bore  his  imprisonment  like  a  good  boy,  until  I 
came  and  shook  him  up. — Yes,  I'm  inclined  to  believe 
his  story.  Saarbriicken's  a  German,  and  Delphini's 
an  Italian." 

Sterner  shook  his  head.  "  I  may  be  wrong;  as  I 
said,  it's  my  own  case.  I  may  be  wrong,  but  do  you 
think  Saarbriicken  would  have  gone  to  the  scaffold 
with  his  mouth  shut,  if  he  had  been  condemned?" 

The  advocate  smiled  a  really  beaming  smile. 

"  No,  Dr.  Sterner,  I  don't  think  so;  for  I  told  him 
last  night  that  if  he  wasn't  speaking  the  truth  his 
head  would  fall  here  in  the  prison-yard." 

'  That  need  not  mean  that  he  is  innocent.  If  the 
facts  were  as  Saarbriicken  says,  and  as  you — in  any 
case  appear  to  believe,  if  this  man,  who  in  that  case 
is  innocent  and  who  is  the  only  one  besides  the  mur- 
derer that  knows  what  happened,  has  kept  silence 
and  borne  his  long  imprisonment  and  the  prospect, 
which  seemed  pretty  near  at  one  time,  of  being  con- 
demned to  death,  all  because  it  would  look  rather 
bad  that  he,  Lord  Faringdon's  friend,  had  betrayed 
the  love  affair  to  the  wronged  husband — a  love  affair 
which  was  innocent  into  the  bargain — no,  you  won't 
get  me  to  believe  that.  And  let  me  add — you  don't 
believe  it  yourself  either.  Saarbriicken  is  lying.  You 
have  saved  his  neck.  As  to  the  question  of  the  leg- 
acy, Frau  Saarbriicken  abides  by  her  offer;  but  you 
must  admit  that  after  what  has  happened,  she  cannot 
very  well  be  expected  to  bear  that  man's  name  for 
many  days  longer." 


290     THE    MAGISTRATE'S   OWN    CASE 

Rosenthal  bit  his  underlip. 

"  Are  you  going  to  carry  the  case  further?  " 

"No,"  said  Sterner;  "it  cannot  be  carried  fur- 
ther. It  cannot  be  cleared  up.  Morally  speaking, 
Saarbriicken  is  a  dead  man,  judicially  he  cannot  be 
convicted.  And  I  shall  take  leave  to  suppose  that  you, 
my  able  opponent,  if  you  will  be  honest  with  your- 
self, cannot  believe  any  more  than  I  can  in  your 
unworthy  client.  As  to  the  legacy,  we  are  already 
agreed." 

Sterner  held  out  his  hand  to  the  advocate. 

"  I  am  at  your  service,"  said  Rosenthal,  as  he  took 
Sterner's  hand.  "  The  most  profitable  result  this  trial 
h^s  brought  me  is  my  nearer  acquaintance  with  you." 

Sterner  laughed.  "  I  might  be  tempted  to  say 
something  equally  polite,  but  .  .  ." 

The  advocate  interrupted.  "  I  don't  want  that. 
Your  advantage  lies  in  your  having  won  your  own 
case." 


CONCLUSION 

SIR  LONGLAND  HEARNE  had  a  country 
house  in  the  Isle  of  Wight,  with  an  outlook 
over  Cowes  Roads  and  the  green  woods  by 
Southampton  Water.  The  garden  came  down  to  the 
water,  and  at  a  little  distance  from  the  shore  lay  the 
German  cutter  Alerte,  one  fine  summer's  day,  rock- 
ing like  a  swan  under  its  proud  rigging. 

Under  the  verandah  of  the  house  stood  the 
Alerte's  owner,  Dr.  Fritz  Sterner,  and  his  young 
wife,  newly  married,  on  their  wedding  tour  and  on 
a  visit  to  the  owner  of  the  house. 

Sterner  was  browned  by  the  sea  air  and  Lizzie's 
eyes  gleamed  with  happiness. 

Now  they  two  had  come  into  port. 

And  that  is  really  all  that  remains  to  tell.  A  year 
had  passed  since  the  assizes  at  Frankfort-on-the- 
Main  had  concluded  the  case  against  Saarbriicken. 
The  Italian  Government  had  refused  to  extradite  the 
banker  Delphini,  for  the  excellent  reason  that  he  was 
already  under  lock  and  key  in  a  lunatic  asylum.  He 
had  been  taken  there  immediately  after  a  visit  to 
Switzerland,  during  which  he  had  had  the  misfor- 
tune to  lose  his  young  wife,  who  had  fallen  from  a 

291 


29 2     THE    MAGISTRATE'S   OWN    CASE 

precipice  in  the  Graubiinden  Alps.  The  German  as 
well  as  the  Italian  papers  had  a  good  deal  to  say 
about  this  case.  Its  direct  effect  was  to  bring  about  a 
liquidation  of  the  firm  of  Fiirste  &  Wienecke  of 
Frankfort,  whose  head,  Helmuth  Saarbriicken,  had 
already  departed  for  South  America,  after  being 
divorced  from  his  wife. 

Indirectly  it  had  brought  promotion  and  perma- 
nent happiness  to  Dr.  Fritz  Sterner. 

To  Isidor  Rosenthal  it  had  brought  some  private 
satisfaction  and  much  public  distinction.  Only  for  the 
eighth  Baron  Faringdon  and  his  family  at  Roxley 
were  its  effects  painful.  Mr.  Wells  consoled  himself 
in  other  ways. 

Sir  Longland  talked  in  his  quiet  and  serious  way  to 
his  guests  of  the  troublous  days  at  Homburg  vor  der 
Hohe.  But  Frau  Lizzie  Sterner  stood  listening  in 
silence,  while  her  eyes  shone  lovingly  upon  her  hus- 
band. 

Sterner,  on  the  other  hand,  took  the  opportunity 
of  summing  up  the  matter  in  a  generalisation.  This 
had  become  a  habit  with  him  now,  since  he  seldom 
met  with  contradiction. 

"  I  have  had  a  lesson,  Sir  Longland,"  he  said, 
"  never  to  follow  up  one  clue  to  the  exclusion  of 
others,  never  to  let  go  a  task  that  has  been  once 
begun,  and,  in  addition,  a  profound  contempt  for 
circumstantial  evidence.  I  intend  before  long,  if 
my  wife  will  allow  me  the  time,  to  publish  a 
work  on  the  absolute  untrustworthiness  of  circum- 


THE   TRIAL  293 

stantial  evidence  and  a  proposal  for  the  abolition  of 
the  jury." 

Sir  Longland  Hearne  smiled.  "  So  you  want  to  see 
a  sort  of  judicial  absolutism  introduced?  " 

"  Perhaps,"  said  Sterner.  "  I  should  prefer  to 
abolish  all  criminal  tribunals;  but  as  I  suppose  that 
to  be  impracticable  at  present,  I  would  suggest  that 
only  the  very  cleverest,  most  experienced,  and  in 
every  way  most  distinguished  lawyers  to  be  found 
should  be  appointed  judges,  after  having  shown  by 
a  long  and  honourable  life  that  they  are  devoid  of 
all  foolishness  and  incapable  of  loving  any  woman — 
not  even  their  own  wives." 

"  Well,  that  means  that  you  are  going  to  retire, 
doesn't  it?  "  said  Lizzie  with  a  smile. 

"  It  amounts  to  that,"  replied  Sterner. 


THE   END 


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